The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."
J. C. Pearl,
Notes and Comments,
Mortgagability of Rents, Profits, Appointment of Receivers,
Wash. L. & Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol7/iss4/5