An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five years after breach of some condition of the mortgage.
§ 346.Redemption of Mortgage With Or Without Account of Rents and Profits
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 346 lets a mortgagor redeem mortgaged real property, with or without an accounting of rents and profits, unless the mortgagee in possession has continuously and adversely held the property for five years after a breach of the mortgage’s conditions.
Full Text of § 346
Plain-English Summary
Section 346 addresses a mortgagor’s right to redeem real property after default. A mortgagor, or someone claiming under the mortgagor, may bring an action to redeem the mortgaged property from the mortgagee in possession, with or without an accounting of the rents and profits collected while in possession.
That right isn’t unlimited: it disappears if the mortgagee (or someone claiming under the mortgagee) has continuously and adversely possessed the mortgaged premises for five years after a breach of some condition of the mortgage. In effect, this sets a five-year outer limit on the mortgagor’s redemption right once the mortgagee’s adverse possession clock starts running.
Frequently Asked Questions
How long does a defaulting mortgagor have to redeem mortgaged property in California?
The right to redeem is cut off once the mortgagee in possession has adversely held the property continuously for five years after a breach of the mortgage’s conditions, under § 346.
Can a mortgagor recover rents and profits along with redeeming the property?
Yes. Section 346 allows the redemption action to include an accounting of the rents and profits the mortgagee collected while in possession.
Amendment History
Enacted 1872.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: mortgage redemption statute of limitations California