Section 440: Duty to take reasonable care of (herbichar) mortgaged property

1) After acquiring possessory rights in the mortgaged property, the creditor shall take reasonable care and protection of that property as if it were his or her own.

2) The creditor himself or herself shall pay the tax or charge, if any, payable by law for the possession and enjoyment of the mortgaged property.

Provided that the debtor shall pay the land revenue payable by law.

3) If the creditor is not able to possess and enjoy the mortgaged property because of any hindrance or obstruction by any person other than the debtor, the creditor may bring a lawsuit in accordance with law for its possession and enjoyment.