reglab/housing_qa huggingface dataset:
MA Gen L ch 183 § 21 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 21 - ''statutory Power of Sale'' in Mortgage

Section 21. The following ''power'' shall be known as the ''Statutory Power of Sale'', and may be incorporated in any mortgage by reference:  (POWER.)  But upon any default in the performance or observance of the foregoing or other condition, the mortgagee or his executors, administrators, successors or assigns may sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in case of any partial release thereof, either as a whole or in parcels, together with all improvements that may be thereon, by public auction on or near the premises then subject to the mortgage, or, if more than one parcel is then subject thereto, on or near one of said parcels, or at such place as may be designated for that purpose in the mortgage, first complying with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar the mortgagor and all persons claiming under him from all right and interest in the mortgaged premises, whether at law or in equity.
MA Gen L ch 183 § 22 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 22 - Co-Operative Bank Mortgage

Section 22. A co-operative bank mortgage following in substance the form entitled ''Co-operative Bank Mortgage'' shall when duly executed have the force and effect of a mortgage deed to the use of the mortgagee and its successors and assigns, with mortgage covenants and upon the statutory co-operative bank mortgage condition and with the statutory co-operative bank power of sale, as defined in the two following sections, to secure the payment of the money or the performance of any obligation therein specified. If any buildings on the mortgaged premises shall be wholly or partly destroyed by a fire in respect to which the company or companies insuring the same shall deny liability to the insured, the mortgagee may at its option forfeit said shares, and, after applying the withdrawal value thereof to the payment of said loan, interest and fines, may assign the mortgage with the note and debt thereby secured to such company or companies upon payment by it or them of the balance then owing to the mortgagee on account of said loan; whereupon said note and mortgage shall forthwith become a note and mortgage payable on demand with interest at the rate set forth in said mortgage, payable semi-annually, the first payment of such interest to become due six months after the date of such assignment.  The parties may insert in such co-operative bank mortgage any lawful agreement or condition.
MA Gen L ch 183 § 23 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 23 - ''statutory Co-Operative Bank Mortgage Condition''

Section 23. The following ''co-operative bank mortgage condition'' shall be known as the ''Statutory Co-operative Bank Mortgage Condition'', and may be incorporated in any co-operative bank mortgage by reference:  (CO–OPERATIVE BANK MORTGAGE CONDITION.)  Provided, nevertheless, that if the mortgagor or his heirs, executors, administrators, successors or assigns shall pay unto the said mortgagee, its successors or assigns, at its place of business, the monthly dues, interest and premium, if any, together with all fines on payments in arrears, monthly at or before the stated meetings of said bank, until said shares shall reach their matured value, or, if the mortgagor or his heirs, executors, administrators or assigns shall otherwise sooner pay said loan unto the said mortgagee, its successors or assigns, together with the said interest and fines to the time of the next stated monthly meeting after such payment, and shall pay when due all taxes and assessments levied or assessed on the mortgaged premises, and all taxes which the said mortgagee may be required to pay as holder of this mortgage, shall keep the buildings thereon insured against fire in a sum satisfactory to and for the benefit of the said mortgagee, its successors or assigns, at such insurance office and by such insurance company as it or they shall approve, or, in default thereof, shall on demand pay to the said mortgagee, its successors or assigns all such sums as it shall reasonably pay for such taxes, assessments and insurance, with interest, and shall not commit or suffer any strip or waste of the mortgaged premises, or any breach of any covenant herein contained or in any prior mortgage, then the mortgage deed, as also the mortgage note, shall be void.
MA Gen L ch 183 § 24 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 24 - ''statutory Co-Operative Bank Power of Sale''

Section 24. The following ''co-operative bank power'' shall be known as the ''Statutory Co-operative Bank Power of Sale'', and may be incorporated in any mortgage by reference:  (CO–OPERATIVE BANK POWER.)  But in case of non-payment of the aforesaid monthly dues, interest or fines and premiums, if any, for more than four months after any payment thereof shall be due, or upon any other default in the performance or observance of the foregoing or other condition, the mortgagee or its successors or assigns may sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in case of any partial release thereof, either as a whole or in parcels, together with all improvements that may be thereon, by public auction on or near the premises then subject to the mortgage, or, if more than one parcel is then subject thereto, on or near one of said parcels, or at such place as may be designated for that purpose in the mortgage, first complying with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar the mortgagor and all persons claiming under him from all right and interest in the mortgaged premises, whether at law or in equity.
MA Gen L ch 183 § 25 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 25 - Purchase by Holder of Mortgage at Foreclosure Sale

Section 25. The holder of a mortgage of real estate, or any person acting in his behalf, may purchase at a foreclosure sale unless the contrary is stated in the mortgage.
MA Gen L ch 183 § 26 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 26 - Possessory Interest of Mortgagor

Section 26. Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold and enjoy the mortgaged premises and receive the rents and profits thereof, unless otherwise stated in the mortgage.
MA Gen L ch 183 § 27 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 27 - Disposition of Proceeds of Foreclosure Sale; Itemized Accounting Provided to Mortgagor

Section 27. The holder of a mortgage of real estate, or his representatives, out of the money arising from a sale under the power of sale shall be entitled to retain all sums then secured by the mortgage, whether then or thereafter payable, including all costs, charges or expenses incurred or sustained by him or them by reason of any default in the performance or observance of the condition of the mortgage or of any prior mortgage, rendering the surplus, if any, to the mortgagor, or his heirs, successors or assigns, unless otherwise stated in the mortgage. No person other than the holder of the mortgage shall be bound to see to the application of the money arising from such sale.  The holder of a mortgage of real estate, or the holder's representatives, shall provide to the mortgagor or the mortgagor's heirs, successors or assigns a written notice containing an itemized accounting of the disposition of the proceeds arising from a sale under the power of sale including, but not limited to, the sale price, legal fees, auctioneer fees, publication costs and other fees, and any surplus due to the mortgagor, within 60 days after the receipt of such funds provided, that if such sale is subject to further legal proceedings, such accounting shall be stayed until the conclusion of such proceedings.
MA Gen L ch 183 § 28 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 28 - Assignment of Mortgage; Words of Transfer

Section 28. In an assignment of a mortgage of real estate the word ''assign'' shall be a sufficient word to transfer the mortgage, without the words ''transfer and set over''.
MA Gen L ch 183 § 28a (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 28a - Subsequent Loans From Mortgagee; Priority

Section 28A. Any sum or sums which shall be loaned by the mortgagee to the mortgagor at any time after the recording of any mortgage of real estate, to be expended for paying for repairs, improvements, lead paint removal or replacements to, fuel for, or for taxes or other municipal liens, charges or assessments or condominium common expense assessment, including legal fees on, the mortgaged premises, shall be equally secured with and have the same priority as the original indebtedness, to the extent that the aggregate amount outstanding at any one time when added to the balance due on the original indebtedness, shall not exceed the amount originally secured by the mortgage. The provisions of this section shall apply to all forms of mortgages on real estate.  No action under this section shall affect the rights of the holder of any encumbrance which is subject to that of the mortgagee granting the accommodation for the purpose of paying for repairs or replacements to, or for taxes or other municipal liens, charges or assessments on, the mortgaged premises, and recorded prior to September first, nineteen hundred and forty-six, unless his written assent shall be obtained, nor shall any such action affect the rights of an original borrower unless his written assent shall be obtained. In cases where the accommodation is for the purpose of making improvements to the mortgaged premises no action hereunder shall affect the rights of the holder of any encumbrance which is subject to that of the mortgagee granting said accommodation and recorded prior to September first, nineteen hundred and fifty-six, unless his written assent shall be obtained, nor shall any such action affect the rights of an original borrower unless his written assent shall be obtained.
MA Gen L ch 183 § 28b (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 28b - Open-End Mortgage; Subsequent Loans From Mortgagee

Section 28B. Any sum which shall be lent by the mortgagee to the mortgagor at any time after the recording of an open-end mortgage that secures such sum shall be equally secured with and have the same priority as would any such sum disbursed as of the time of the recording of such mortgage. As used in this section an open-end mortgage shall mean a mortgage of real estate the terms of which provide that it secures a sum lent by the mortgagee to the mortgagor from time to time pursuant to an open-end credit plan as defined in section 1 of chapter 140D, but the interest rate on any such loan and any delinquency charge thereon on any payment not paid in full within 15 days of its due date shall be governed by section 114B of chapter 140. In the event of any conflict between this section and chapter two hundred and fifty-four or any other provision of law, the provisions of this section shall control. Notwithstanding the foregoing, the priority afforded under this section shall apply only to (i) the principal sum so loaned, provided, however, that in the case of an open-end mortgage recorded after the effective date of this section, such priority shall apply only to so much of such principal sum as does not exceed the amount specified in such mortgage as the maximum sum intended to be secured thereby; (ii) interest on the principal amount to which such priority applies; and (iii) all charges and fees other than principal and interest that are secured by such mortgage. In the event that an open-end mortgage is amended to increase the amount intended to be secured thereby, such mortgage shall be deemed to have been recorded, with respect only to the amount of such increase, at the time such amendment is recorded.  At any time after the termination of the authority of all persons to borrow sums pursuant to an open-end credit plan secured by an open-end mortgage, the holder of such mortgage shall, within ten business days of the request of any person with an interest in the mortgaged real estate, furnish to such person an executed and acknowledged written notice stating that such authority has terminated and stating the amount of the loans secured by such mortgage that remain outstanding on the date of such notice, which notice may be recorded.
MA Gen L ch 183 § 28c (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 28c - Refinancing in the Borrower's Interest

Section 28C. (a) A lender shall not knowingly make a home loan if the home loan pays off all or part of an existing home loan that was consummated within the prior 60 months or other debt of the borrower, unless the refinancing is in the borrower's interest. The ''borrower's interest'' standard shall be narrowly construed, and the burden is upon the lender to determine and to demonstrate that the refinancing is in the borrower's interest.  Factors to be considered in determining if the refinancing is in the borrower's interest include but are not limited to:—  (1) the borrower's new monthly payment is lower than the total of all monthly obligations being financed, taking into account the costs and fees;  (2) there is a change in the amortization period of the new loan;  (3) the borrower receives cash in excess of the costs and fees of refinancing;  (4) the borrower's note rate of interest is reduced;  (5) there is a change from an adjustable to a fixed rate loan, taking into account costs and fees; or  (6) the refinancing is necessary to respond to a bona fide personal need or an order of a court of competent jurisdiction.  (b) Notwithstanding any provision to the contrary contained in this chapter regarding costs and attorneys' fees, in any action instituted by a borrower who alleges that the defendant violated subsection (a), the borrower shall not be entitled to costs and attorneys' fees if the presiding judge, in the judge's discretion, finds that, before the institution of the action by the borrower, the lender made a reasonable offer to cure and that offer was rejected by the borrower.  (c) The commissioner of banks may prescribe from time to time such rules and regulations as may be necessary or proper in carrying out this section. Such rules and regulations may contain such factors, classifications, differentiations or other provisions, and may provide for such adjustments and exceptions for any class of transactions as, in the judgment of the commissioner, are necessary or proper to carry out this section, to prevent circumvention or evasion thereof or to facilitate compliance therewith.
MA Gen L ch 183 § 29 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 29 - Necessity of Acknowledgment of Deed; Recordation

Section 29. No deed shall be recorded unless a certificate of its acknowledgment or of the proof of its due execution, made as hereinafter provided, is endorsed upon or annexed to it, and such certificate shall be recorded at length with the deed to which it relates; but this section shall not apply to conveyances from the United States.
MA Gen L ch 183 § 30 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 30 - Method of Making Acknowledgment

Section 30. The acknowledgment of the execution of a deed or other written instrument required to be acknowledged shall be by 1 or more of the grantors or by any attorneys or representatives executing it on behalf of the grantors. The officer before whom the acknowledgment is made shall endorse upon or annex to the instrument a certificate thereof. Such acknowledgment may be made—  (a) If within the commonwealth, before a justice of the peace or notary public.  (b) If without the commonwealth, in any state, territory, district or dependency of the United States, before a justice of the peace, notary public, magistrate or commissioner appointed therefor by the governor of this commonwealth, or, if a certificate of authority in the form prescribed by section thirty-three is attached thereto, before any other officer therein authorized to take acknowledgments of deeds.  (c) If without the United States or any dependency thereof, before a justice of the peace, notary, magistrate or commissioner as above provided, or before an ambassador, minister, consul, vice consul, charge d'affaires or consular officer or agent of the United States accredited to the country where the acknowledgment is made; if made before an ambassador or other official of the United States, it shall be certified by him under his seal of office.
MA Gen L ch 183 § 31 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 31 - Acknowledgment of Married Woman

Section 31. The acknowledgment by a married woman may be taken in the same form as if she were sole, and without any examination separate and apart from her husband.
MA Gen L ch 183 § 32 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 32 - Letters of Attorney; Applicability of Law

Section 32. The law relative to the acknowledgment and recording of deeds shall apply to letters of attorney for the conveyance of real estate.
MA Gen L ch 183 § 33 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 33 - Certificates of Authority

Section 33. Whenever, under clause (b) of section thirty or under section forty-one, a certificate of authority is required to be attached, there shall be subjoined or attached to the certificate of proof or acknowledgment a certificate of the secretary of state of the state where the officer taking the acknowledgment resides, under the seal of such state, or a certificate of the clerk of a court of record of such state in the county where said officer resides or where he took such proof or acknowledgment, under the seal of the court, stating that said officer was, at the time of taking such proof or acknowledgment, duly authorized thereto in said state, and that said secretary of state or clerk of court is well acquainted with his handwriting and verily believes the signature affixed to such certificate of proof or acknowledgment is genuine.
MA Gen L ch 183 § 34 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 34 - Proof of Execution of Deed by Testimony of Subscribing Witness

Section 34. If the grantor dies or removes from the commonwealth without having acknowledged his deed, the due execution thereof may be proved before any court of record in this commonwealth by the testimony of a subscribing witness thereto.
MA Gen L ch 183 § 35 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 35 - Proof of Execution by Proving Handwriting

Section 35. If all the subscribing witnesses to the deed are also dead or out of the commonwealth, the due execution thereof may be proved before such court by proving the handwriting of the grantor and of a subscribing witness.
MA Gen L ch 183 § 36 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 36 - Refusal of Grantor to Acknowledge; Proof of Execution by Testimony of Subscribing Witness

Section 36. If a grantor refuses to acknowledge his deed, the grantee or any person who claims under him may apply to a court of record in the county where the land lies or where the grantor or a subscribing witness to the deed resides, and such court shall thereupon issue a summons to the grantor to appear at a certain time and place to hear the testimony of the subscribing witnesses. Such summons, with a copy of the deed annexed, shall be served seven days at least before the time therein assigned for proving the deed, and at such hearing its due execution may be proved by the testimony of one or more of the subscribing witnesses.
MA Gen L ch 183 § 37 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 37 - Refusal of Grantor to Acknowledge; Proof of Execution by Proving Handwriting

Section 37. If a grantor refuses to acknowledge his deed and the subscribing witnesses thereto are all dead or out of the commonwealth, its execution may be proved before any court of record in this commonwealth by proving the handwriting of the grantor and of a subscribing witness, the court first summoning the grantor for the purpose and in the manner provided in the preceding section.
MA Gen L ch 183 § 38 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 38 - Recording of Unacknowledged Deed; Effect

Section 38. A person interested in a deed which has not been acknowledged may, before or during proceedings before a court for proof of its execution, file in the proper registry of deeds a copy thereof, compared with the original by the register; and the filing of such copy shall for thirty days thereafter have the same effect as the recording of the deed, if the deed is within that time duly proved and recorded; or if, at the expiration of said thirty days, such proceedings are pending, the effect of filing such copy shall continue until the expiration of seven days after the termination of such proceedings.
MA Gen L ch 183 § 39 (2021)
2021 Massachusetts General Laws|Part II - Real and Personal Property and Domestic Relations|Title I - Title to Real Property|Chapter 183 - Alienation of Land|Section 39 - Proof of Execution of Deed; Necessity of Subscribing Witness

Section 39. The execution of a deed shall not be proved in the manner before provided unless it has at least one subscribing witness.