General Laws of Massachusetts - Chapter 236 Levy of Executions on Land
- Massachusetts General Laws - Land and rights subject to execution - Chapter 236, Section 1
All the land of a debtor in possession, remainder or reversion, all his rights of entry into land and of redeeming mortgaged land, and all...
- Massachusetts General Laws - Estates tail - Chapter 236, Section 2
Estates tail may be taken on execution in like manner as estates in fee simple; and whoever lawfully holds such land under the execution shall...
- Massachusetts General Laws - Notice and appraisal - Chapter 236, Section 3
An officer taking land on execution shall give notice thereof to the debtor, if found within his precinct, cause the land to be appraised as...
- Massachusetts General Laws - Deposit of notice of land taken on execution or mesne process; Nantucket county - Chapter 236, Section 4
If land, which was not attached on mesne process in the action in which the execution issued, is taken on execution, the officer shall forthwith...
- Massachusetts General Laws - Entries by register - Chapter 236, Section 5
The register shall note on every such copy the day, hour and minute when received, and record it in his office. He shall enter in...
- Massachusetts General Laws - Appointment of appraisers - Chapter 236, Section 6
The officer shall cause the land to be appraised by three disinterested persons, to be appointed, one by the creditor, one by the debtor whose...
- Massachusetts General Laws - Qualifications and duties of appraisers; certificates of appraisal - Chapter 236, Section 7
The appraisers shall be sworn, before a justice of the peace or the officer, faithfully and impartially to appraise the land shown to them as...
- Massachusetts General Laws - Valuation of estates as fee simple; exception - Chapter 236, Section 8
The value of the estate of the debtor shall be appraised as an estate in fee simple in possession, unless it is expressly stated in...
- Massachusetts General Laws - Mortgaged land; appraisal - Chapter 236, Section 9
If a right of redeeming mortgaged land is taken and set off on execution, the appraisers shall deduct the value of the encumbrance or the...
- Massachusetts General Laws - Appraisal when several parcels are levied upon - Chapter 236, Section 10
If the execution is levied at the same time upon several parcels of land, each parcel may be separately appraised, or all may be appraised...
- Massachusetts General Laws - Description of land in certificate of appraisers; return - Chapter 236, Section 11
Land levied upon, whether an entire parcel or an undivided part, and whether the debtor’s estate therein is a fee simple or a less estate,...
- Massachusetts General Laws - Land held jointly or in common; levy upon - Chapter 236, Section 12
If land is held by a debtor in joint tenancy or as a tenant in common, the share thereof belonging to the debtor may be...
- Massachusetts General Laws - Land incapable of division; levy upon - Chapter 236, Section 13
If the land levied upon cannot be divided without damage to the whole and is more than sufficient to satisfy the execution, the levy shall...
- Massachusetts General Laws - Life estates; levy upon - Chapter 236, Section 14
A life estate may be taken and set off to the creditor like other land at the appraised value or, at the election of the...
- Massachusetts General Laws - Rents and profits; levy upon; expiration of life estates - Chapter 236, Section 15
If execution is levied on rents and profits, the annual value thereof shall be determined by the appraisers, and the land shall be set off...
- Massachusetts General Laws - Leased land; levy upon - Chapter 236, Section 16
If the land levied upon is under lease to a third person, and the reversion of the whole is taken on the execution, the lessee...
- Massachusetts General Laws - Levy on leased land where reversion of part only is taken - Chapter 236, Section 17
If the land is under lease as aforesaid and the reversion of a part only is taken, the appraisers shall determine the portion of the...
- Massachusetts General Laws - Homestead property; levy of execution - Chapter 236, Section 18
[Text of section applicable as provided by 2010, 395, Sec. 3.] If a judgment creditor requires an execution to be levied on property which is...
- Massachusetts General Laws - Delivery of seisin to creditor; debtor’s rights in remainder, etc. - Chapter 236, Section 19
An officer serving an execution shall deliver to the creditor or to his attorney seisin and possession of the land taken thereon, so far as...
- Massachusetts General Laws - Momentary seisin - Chapter 236, Section 20
If an execution is levied on land of which a person other than the debtor is actually seized, the officer shall deliver to the creditor...
- Massachusetts General Laws - Return and record of execution - Chapter 236, Section 21
The officer shall return the execution, with a certificate of his doings endorsed thereon, to the court to which it is returnable, and such execution...
- Massachusetts General Laws - Record as prima facie evidence - Chapter 236, Section 22
Such record in the registry of deeds of an execution issued by a district court, and of the levy thereon, shall be prima facie evidence...
- Massachusetts General Laws - Officer’s return; requisites - Chapter 236, Section 23
The return of the officer on the execution shall, in addition to the other requirements of law, set forth substantially— First, The time when the...
- Massachusetts General Laws - Validity of levy as against subsequent attaching creditors and purchasers - Chapter 236, Section 24
If the execution and return are not recorded in the registry of deeds within three months as aforesaid, the levy shall be void as against...
- Massachusetts General Laws - Levy valid against creditor - Chapter 236, Section 25
If the execution and return have not been returned or recorded as aforesaid, the levy shall be so far valid against the creditor that he...
- Massachusetts General Laws - Levy by sale; disposition of proceeds; lands taken on behalf of commonwealth - Chapter 236, Section 26
Land and rights mentioned in section one and rights of redeeming land sold for the payment of taxes and other assessments may, if the creditor...
- Massachusetts General Laws - Conduct of sale; effect - Chapter 236, Section 27
The officer authorized to serve the execution shall make the sale by public auction to the highest bidder, and convey by deed to the purchaser...
- Massachusetts General Laws - Notice of sale - Chapter 236, Section 28
The officer, thirty days at least before the sale, shall deliver to the debtor, if found within his precinct, a written notice of the time...
- Massachusetts General Laws - Adjournment of sale - Chapter 236, Section 29
If, at the time appointed for the sale, the officer considers it for the interest of all persons concerned to postpone it, he may adjourn...
- Massachusetts General Laws - Adjournment by court - Chapter 236, Section 30
Section forty of chapter two hundred and thirty-five relative to adjournment by order of court shall apply to such sales.
- Massachusetts General Laws - Suspension of levy; record; effect; liability of land - Chapter 236, Section 31
If land has been seized on execution and further service thereof is suspended by reason of a prior attachment or seizure of the same land,...
- Massachusetts General Laws - Proceedings after dissolution of prior attachment - Chapter 236, Section 32
If land is set off or sold in part under a prior attachment or seizure, or if that attachment or seizure is dissolved, the land...
- Massachusetts General Laws - Right of redemption; time; amount required; deed or release - Chapter 236, Section 33
If land or rights have been taken and set off on execution, the debtor may within one year after the levy or, if such land...
- Massachusetts General Laws - Ascertainment of amount due; tender - Chapter 236, Section 34
The debtor may in all cases cause the amount due for redemption to be ascertained at his own expense by three justices of the peace...
- Massachusetts General Laws - Redemption of mortgage paid by creditor or purchaser - Chapter 236, Section 35
If the creditor or, in case of a sale, the purchaser pays the debt due on a mortgage to which the land levied on is...
- Massachusetts General Laws - Redemption of right to redeem from tax sale - Chapter 236, Section 36
Rights of redeeming land sold for the payment of taxes or other assessments may, if sold on execution, be redeemed in the same manner as...
- Massachusetts General Laws - Redemption where levy on rents and profits of life estate - Chapter 236, Section 37
If an execution is levied on rents and profits of a life estate, the debtor may, at any time before the debt with interest thereon...
- Massachusetts General Laws - Tender; refusal to release land; remedies - Chapter 236, Section 38
If the debtor tenders the amount justly due for redemption, and the creditor or, in case of a sale, the purchaser does not within seven...
- Massachusetts General Laws - Action for redemption - Chapter 236, Section 39
The debtor may, within the year before limited for redemption and irrespective of any tender, bring in the supreme judicial or the superior court in...
- Massachusetts General Laws - Proceedings - Chapter 236, Section 40
The debtor shall in his complaint offer to pay the amount found due for redemption and may set forth any tender he has made. The...
- Massachusetts General Laws - Costs - Chapter 236, Section 41
The court may award costs to either party, but the creditor or purchaser shall not be required to pay costs, unless it appears that he...
- Massachusetts General Laws - Rights of debtors, creditors or purchasers exercisable by heirs, etc. - Chapter 236, Section 42
Everything required in this chapter to be done by or to a debtor or by or to a creditor or purchaser relative to the redemption...
- Massachusetts General Laws - When levy considered made - Chapter 236, Section 43
A levy by set-off or sale shall be considered as made at the time when the land is taken, and the subsequent proceedings and the...
- Massachusetts General Laws - Service of notice - Chapter 236, Section 44
Notice to the debtor under this chapter may be served upon him personally or left at his last and usual place of abode. If the...
- Massachusetts General Laws - Fees and charges - Chapter 236, Section 45
The fees and charges of levying an execution shall be added to and considered as part of the amount due on the execution, in the...
- Massachusetts General Laws - Lands, etc., in different counties - Chapter 236, Section 46
A levy upon lands in different counties or upon rights of redemption in such lands, under the same execution, may be made by an officer...
- Massachusetts General Laws - Time for bringing action for possession - Chapter 236, Section 47
If an execution is levied on land or rights the record title to which fraudulently stands in the name of a person other than the...
- Massachusetts General Laws - Levy on land subject to lien not allowed for - Chapter 236, Section 48
If, after an execution has been levied by setting off land, there proves to be a mortgage or other lien on the land or an...
- Massachusetts General Laws - Levy on right of redeeming land taken on execution - Chapter 236, Section 49
The right of redeeming land taken on execution may be taken and sold on another execution, in like manner as the right of redeeming mortgaged...
- Massachusetts General Laws - Certain levies made void by operation of law - Chapter 236, Section 49A
If a levy on execution shall not have been completed by set-off under the provisions of sections six to twenty-three, inclusive, or by sale under...
- Massachusetts General Laws - Waiver of levy; remedies - Chapter 236, Section 50
If, before an execution which has been levied on land is returned and recorded, it appears that there is a defect or error in the...
- Massachusetts General Laws - Invalid levy; remedy - Chapter 236, Section 51
If, after the return of an execution, it appears to the creditor that the land levied on, or any part thereof, cannot be held thereby,...
- Massachusetts General Laws - Procedure - Chapter 236, Section 52
If at the hearing the court finds that a part only of the land levied on is held thereby, a warrant may be issued, if...
- Massachusetts General Laws - Levy on land of deceased - Chapter 236, Section 53
Land of a deceased person which has not been sold and conveyed, by deed duly recorded, by the executor or administrator of such deceased person...
- Massachusetts General Laws - Decedent’s land; effect of redemption - Chapter 236, Section 54
Land taken as provided in the preceding section may be redeemed by the executor, administrator, heir or devisee of the deceased, or by any person...
- Massachusetts General Laws - Repealed, 1971, 423, Sec. 20 - Chapter 236, Section 55
Repealed, 1971, 423, Sec.
Last modified: September 11, 2015