General Laws of Massachusetts - Chapter 244 Foreclosure and Redemption of Mortgages
- Massachusetts General Laws - Foreclosure by entry or action; continued possession - Chapter 244, Section 1
A mortgagee may, after breach of condition of a mortgage of land, recover possession of the land mortgaged by an open and peaceable entry thereon,...
- Massachusetts General Laws - Entry without judgment; memorandum or certificate; recording - Chapter 244, Section 2
If an entry for breach of condition is made without a judgment, a memorandum of the entry shall be made on the mortgage deed and...
- Massachusetts General Laws - Declaration by mortgagees; conditional judgment - Chapter 244, Section 3
The mortgagee in an action for possession may declare on his own seisin, stating that it is in mortgage; and if the court finds upon...
- Massachusetts General Laws - Procedure - Chapter 244, Section 4
Unless the defendant is the mortgagor or his assignee, or entitled to hold or claim the land under the mortgagor or his assignee, he shall...
- Massachusetts General Laws - Form of conditional judgments generally - Chapter 244, Section 5
If the conditional judgment is to be entered, the court shall determine the amount due to the plaintiff on the mortgage, and shall enter judgment...
- Massachusetts General Laws - Form in special cases - Chapter 244, Section 6
If the condition of the mortgage is not for the payment of money, or if a part only of the money, the payment of which...
- Massachusetts General Laws - Discharge or release on satisfaction of execution - Chapter 244, Section 7
If, after an execution on a judgment for possession has been levied, the amount due on the mortgage and costs are paid in full, the...
- Massachusetts General Laws - Form of action; parties - Chapter 244, Section 8
The entry may be made or the action brought by an assignee of the mortgagee. The action for possession may be brought, and shall be...
- Massachusetts General Laws - Right of entry before breach - Chapter 244, Section 9
This chapter shall not prevent a mortgagee or person claiming under him from entering on the land or from recovering possession thereof before breach of...
- Massachusetts General Laws - Foreclosure and redemption where entry made before breach - Chapter 244, Section 10
A mortgagee, or a person claiming under him in possession under the preceding section, may, after breach of condition, make a new formal entry for...
- Massachusetts General Laws - Mortgages containing power of sale; court order for sale - Chapter 244, Section 11
If a conditional judgment has been entered upon a mortgage containing a power of sale, the court shall, instead of issuing a writ of possession,...
- Massachusetts General Laws - Procedure after sale - Chapter 244, Section 12
The person selling shall, within ten days after the sale, file in the clerk’s office a report on oath of the sale and of his...
- Massachusetts General Laws - Necessary parties - Chapter 244, Section 13
Unless the defendant is seized in fee simple in possession of the whole equity of redemption of the land demanded, an order for a sale...
- Massachusetts General Laws - Foreclosure under power of sale; procedure; notice; form - Chapter 244, Section 14
The mortgagee or person having estate in the land mortgaged, or a person authorized by the power of sale, or the attorney duly authorized by...
- Massachusetts General Laws - Foreclosure database; annual report on developments and trends in residential property foreclosures - Chapter 244, Section 14A
The commissioner of the division of banks, hereinafter referred to as the commissioner, shall maintain a foreclosure database that shall include, but not be limited...
- Massachusetts General Laws - Copy of notice; affidavit; recording; evidence - Chapter 244, Section 15
The person selling, or the attorney duly authorized by a writing or the legal guardian or conservator of such person, shall, after the sale, cause...
- Massachusetts General Laws - Mortgagee taking possession or conveying title; notice - Chapter 244, Section 15A
A mortgagee taking possession of mortgaged premises prior to foreclosure or a mortgagee conveying title to mortgaged premises pursuant to the provisions of this chapter...
- Massachusetts General Laws - Repealed, 1971, 423, Sec. 22 - Chapter 244, Section 16
Repealed, 1971, 423, Sec.
- Massachusetts General Laws - Conveyance by mortgagor; effect - Chapter 244, Section 17
A sale or transfer by the mortgagor shall not impair or annul any right or power of attorney given in the mortgage to the mortgagee...
- Massachusetts General Laws - Limitation of actions - Chapter 244, Section 17A
Actions on mortgage notes, whether witnessed or not, or on other obligations to pay a debt secured by mortgage of real estate, to recover judgments...
- Massachusetts General Laws - Notice of intention to foreclose; necessity; form; notice and affidavit - Chapter 244, Section 17B
No action for a deficiency shall be brought after June thirtieth, nineteen hundred and forty-six by the holder of a mortgage note or other obligation...
- Massachusetts General Laws - Waiver of provisions of Secs. 17A and 17B; validity - Chapter 244, Section 17C
The provisions of sections seventeen A and seventeen B shall not be waived, and any agreement to waive them or covenant not to rely upon...
- Massachusetts General Laws - Persons authorized to redeem - Chapter 244, Section 18
The mortgagor or person claiming or holding under him may, after breach of condition, redeem the land mortgaged, unless the mortgagee, or person claiming or...
- Massachusetts General Laws - Tender of payment or performance - Chapter 244, Section 19
The person entitled to redeem shall pay or tender to the mortgagee, or person claiming or holding under him, the whole amount then due and...
- Massachusetts General Laws - Accounting - Chapter 244, Section 20
If the mortgagee or person claiming or holding under him has had possession of the land, he shall account for rents and profits, and be...
- Massachusetts General Laws - Time for tender; suit for redemption - Chapter 244, Section 21
The tender may be made before the expiration of the three years limited for redemption, and before or after entry for breach of condition, and...
- Massachusetts General Laws - Suit without previous tender - Chapter 244, Section 22
The person entitled to redeem may, before the expiration of the three years limited for redemption, and before or after an entry for breach of...
- Massachusetts General Laws - Amounts not in dispute; order for payment - Chapter 244, Section 23
The court may determine, by a reference to a master or otherwise, whether any and what amount due on the mortgage is not in dispute,...
- Massachusetts General Laws - Costs - Chapter 244, Section 24
The court may award costs in the suit for redemption to either party; but if suit is brought without previous tender and it is found...
- Massachusetts General Laws - Defective tender - Chapter 244, Section 25
If suit was commenced before the expiration of the three years limited for redemption, and before or after entry for breach of condition, the plaintiff...
- Massachusetts General Laws - Venue - Chapter 244, Section 26
Except as provided in section forty, a suit for redemption shall be brought in the county where the land or any part thereof lies.
- Massachusetts General Laws - Judgment of possession - Chapter 244, Section 27
If the court finds the plaintiff entitled to redeem, it shall determine the amount due on the mortgage or what condition the plaintiff is bound...
- Massachusetts General Laws - Interest - Chapter 244, Section 28
If the court finds that the mortgagee has not unreasonably neglected or refused to render a true account of rents and profits of the land...
- Massachusetts General Laws - Execution for possession - Chapter 244, Section 29
The court may at the same time order that, if the defendant neglects or refuses to accept the money or other act required by the...
- Massachusetts General Laws - Judgment and execution for balance - Chapter 244, Section 30
If the court finds that the defendant has received from rents and profits of the land or otherwise more than is due on the mortgage,...
- Massachusetts General Laws - Distribution of money tendered and paid into court - Chapter 244, Section 31
The court may order the amount found due the plaintiff for rents and profits or costs, if any, to be deducted from the amount found...
- Massachusetts General Laws - Intervention - Chapter 244, Section 32
If a person, other than the parties to a suit for redemption, is interested therein, the court may, upon terms, allow him to intervene.
- Massachusetts General Laws - Survival of right of redemption - Chapter 244, Section 33
If the person entitled to redeem a mortgaged estate dies, his heirs, devisees, executor or administrator may make a tender or commence or prosecute a...
- Massachusetts General Laws - Tender to guardian or conservator - Chapter 244, Section 34
A tender may be made to a guardian or conservator, who may, upon satisfaction, execute a release of the mortgage.
- Massachusetts General Laws - Opening foreclosure; right of redemption - Chapter 244, Section 35
If, after the foreclosure of a mortgage not containing a power of sale, the person entitled to the debt recovers judgment for any part thereof...
- Massachusetts General Laws - Right of residential real property mortgagor to cure a default; good faith effort to negotiate for commercially reasonable alternative to foreclosure; response from borrower; affidavit upon initiation of foreclosure proceedings; acceleration of maturity of balance prohibited; notice - Chapter 244, Section 35A
[Text of section effective until January 1, 2016. For text effective January 1, 2016, see below.] (a) As used in this section, the following words...
- Massachusetts General Laws - Requirement of reasonable steps and good faith effort to avoid foreclosure; criteria; notice of right to pursue modified mortgage; recording of affidavit of compliance - Chapter 244, Section 35B
[Text of section applicable as provided by 2012, 194, Sec. 7.] (a) As used in this section, the following words shall, unless the context clearly...
- Massachusetts General Laws - Creditor actions in violation of chapter - Chapter 244, Section 35C
[Text of section applicable as provided by 2012, 194, Sec. 7.] (a) As used in this section, the following words shall, unless the context clearly...
- Massachusetts General Laws - Excess received by mortgagee; recovery - Chapter 244, Section 36
If a mortgagee or person claiming or holding under him receives from rents and profits of the land, or upon a tender made to him,...
- Massachusetts General Laws - Discharge of mortgages held by commonwealth - Chapter 244, Section 37
If a mortgage is held by the commonwealth, the state treasurer may demand and receive the money due, and upon payment shall make and acknowledge...
- Massachusetts General Laws - Foreclosure - Chapter 244, Section 38
If the condition of such mortgage is not duly performed, the state treasurer may cause an entry for breach of condition to be made in...
- Massachusetts General Laws - Redemption generally - Chapter 244, Section 39
The mortgagor or his assigns may redeem the land in like manner and upon like terms as if held by any other mortgagee, and the...
- Massachusetts General Laws - Action for redemption; jurisdiction; process; payments; discharge - Chapter 244, Section 40
If the state treasurer and the person applying to redeem the mortgage do not agree upon the amount due, the person so applying may bring...
Last modified: September 11, 2015