uch mortgagee or lienor who has been duly served with notice [as prescribed elsewhere in subd. 5] * * * shall be entitled to any of the rents, issues and profits of the property, nor, in any action to foreclose his mortgage or lien, to a discharge of the receiver * * * until the lien of the receiver in favor of the department of real estate shall have been fully paid and satisfied ” (subd. 5, par. e).
The statute further provides that a mortgagee or lienor who at his own expense removes the nuisance shall have a lien “ equivalent ” to the lien granted to the receiver and that a mortgag’ee or lienor who, following the appointment of a receiver, reimburses the receiver and the department for costs and charges incurred shall be entitled to an assignment of the lien granted to the receiver (subd. 5, par. g). The receiver shall be discharged—upon rendering “ a full and complete accounting to the court”—when the nuisance has been removed, the cost of such removal paid from the rents and income of the dwelling and the surplus money, if any, paid over to the owner or mortgagee as the court may direct. In addition, the owner, mortgagee or any other lienor, upon the removal of the nuisance, may apply for the discharge of the receiver upon payment of all sums expended by the receiver which were not paid out of the rents and income of the dwelling (subd. 5, par. d, el. 4).
With this résumé of section 309, we turn to the proceedings which were taken under it by the respondent Department of Buildings.