reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 2 - Filing of Copy of Written Instrument or Declaration of Trust; Fee; Amendments; Violations; Consolidation or Merger

Section 2. The trustees of an association or trust shall file a copy of the written instrument or declaration of trust creating it with the secretary and with the clerk of every city or town where such association or trust has a usual place of business. The fee for filing said copy with the secretary shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven and for filing said copy or any amendment thereof with the said clerk the fee as provided by clause (75) of section thirty-four of chapter two hundred and sixty-two. Such trustees shall also, within thirty days after the adoption of any amendment thereof, file a copy of said amendment with said secretary and said clerk. The trustees of every association or trust, whose written instrument or declaration of trust creating it is not filed as required in this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months.
An association or trust may consolidate or merge with or into one or more domestic limited liability companies, as defined in section two of chapter one hundred and fifty-six C in the manner described, and with the effects set forth in said chapter one hundred and fifty-six C.
The trustees of an association or trust which is not the resulting or surviving entity in any such consolidation or merger shall file (1) a copy of the certificate of consolidation or merger with the secretary if no other entity which is a party to the transaction has done so within thirty days after the effective date of such transaction, and (2) a copy with the clerk of every city or town where such association or trust has a usual place of business.
The fee for filing such copy with the secretary shall be the fee determined annually by the commissioner of administration under the provision of section three B of chapter seven, and for filing with said clerk the fee as provided by clause (75) of section thirty-four of chapter two hundred and sixty-two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 2a - Names of or Similar to Other Businesses; Enjoining Violations

Section 2A. No association or trust shall assume the name of any corporation established under the laws of the commonwealth, or of a corporation, firm, or association or trust whether or not as defined in section one, or of an individual, carrying on business in the commonwealth at the time when the association or trust is created or within three years prior thereto, or assume a name so similar thereto as to be likely to be mistaken for it, except with the written consent of such existing corporation, firm, association or trust or of such individual, previously filed with the secretary; and the secretary shall refuse to receive for filing the written instrument or declaration of trust of an association or trust if it appears to him to have assumed a name in violation hereof. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin an association or trust from doing business under any name assumed in violation hereof, although the written instrument or declaration of trust of such association or trust has been received for filing as aforesaid.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 2b - Investment Company Trust; Trustee

Section 2B. This section shall apply to a trust that is an investment company, as defined in the Investment Company Act of 1940, and that is registered thereunder with the United States Securities and Exchange Commission.
A trustee of a trust who with respect to the trust is not an interested person, as defined in said Investment Company Act of 1940, shall be deemed to be independent and disinterested when making any determination or taking any action as a trustee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 3 - Trusts Owning or Controlling Certain Public Utilities; Filing Copy of Declaration of Trust

Section 3. The trustees of an association or trust who own or control a majority of the capital stock of a railroad, street railway, electric railroad, elevated railway, gas, electric or water company, or corporation engaged in the common carriage of passengers by motor vehicle shall also file a copy of the written instrument or declaration of trust creating it with the department and shall also within thirty days after the adoption of any amendment of such instrument or declaration file a copy thereof with the department. Every such trustee who fails to comply with the foregoing requirements shall be punished by a fine of not more than five hundred dollars or by imprisonment for three months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 4 - Trusts Owning or Controlling Certain Public Utilities; Annual Statement

Section 4. The trustees of an association or trust who own or control a majority of the capital stock of a railroad, street railway, electric railroad, elevated railway, gas, electric or water company, or corporation engaged in the common carriage of passengers by motor vehicle shall annually on or before April first file with the secretary and with the department a statement showing the number of shares of such company or corporation owned or controlled by them and the stockholders of record on the books of such company or corporation in whose names such shares are held. Every such trustee who fails to comply with this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for three months.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 5a - Trusts; Professional Relationships

Section 5A. If a trust is formed under this chapter for the purpose of rendering one or more professional services as defined in chapter one hundred and fifty-six A, the relationship between the trust or a trustee or employee thereof rendering professional service and the person receiving such service shall be the same as if such trust or trustee or employee rendered such service to said person as an individual practitioner, including any liability arising out of the rendering of such service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 6 - Suits Against Associations or Trusts; Seals

Section 6. An association or trust may be sued in an action at law for debts and other obligations or liabilities contracted or incurred by the trustees, or by the duly authorized agents of such trustees, or by any duly authorized officer of the association or trust, in the performance of their respective duties under such written instruments or declarations of trust, and for any damages to persons or property resulting from the negligence of such trustees, agents or officers acting in the performance of their respective duties, and its property shall be subject to attachment and execution in like manner as if it were a corporation, and service of process upon one of the trustees shall be sufficient.
An association or trust may have a seal, which it may alter at pleasure, and which may be used by the trustee or trustees of such association or trust as his or their seal. An impression of a seal purporting to be the seal of such an association or trust shall be sufficient for all purposes without the use of a wafer or wax.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 7 - Investigation or Examination of Trusts Owning or Holding Stock in Certain Public Utilities; Access to Information

Section 7. The department may by its members or duly authorized employees investigate and examine the books, accounts, contracts, records and memoranda of the trustees of any association or trust, who own or hold the capital stock or any part thereof of a railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or corporation engaged in the common carriage of passengers by motor vehicle, and may require said trustees to furnish such reports and information as the department shall from time to time direct with respect to the relations and dealings between such trustees and any such corporation or company.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 8 - Investigation or Examination of Businesses Under Same Ownership, Control or Management as Certain Public Utilities; Access to Information

Section 8. The department may by its members or duly authorized employees investigate and examine the books, accounts, contracts, records and memoranda of any partnership, express trust, voluntary association or corporation which is under the same ownership, control or management as a railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle, in respect of the relations and of any contracts and dealings between such railroad, street railway, electric railroad or elevated railway corporation, gas, electric or water company, or company engaged in the common carriage of passengers by motor vehicle and such partnership, express trust, voluntary association or corporation, and in relation thereto may require from such partnership, express trust, voluntary association or corporation such reports and information as the department shall from time to time direct.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 9 - Refusal to Submit to Investigation or Examination

Section 9. A railroad, street railway, electric railroad, elevated railway, gas, electric or water company, or corporation engaged in the common carriage of passengers by motor vehicle, or a partnership or corporation or the trustees of an express trust or voluntary association, described in sections seven and eight, which refuses or neglects to submit its or their books, accounts, contracts, records and memoranda to the investigation and examination of the department, or to furnish such reports and information as it shall from time to time direct and require, shall be punished by a fine of not more than five thousand dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 11 - Application of Chapter to Rates or Services

Section 11. Nothing contained in this chapter shall be construed as authorizing, requiring or justifying the department in making any recommendations, rulings or orders with respect to the rates charged or the service furnished by any corporation subject to its supervision, to take into consideration in any respect whatsoever any certificates of participation or shares issued under a declaration of trust and representing the beneficial interest in the stock, bonds, notes or other securities of such corporation, or the investment in such certificates or shares.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 12 - Annual Reports

Section 12. Every association or trust shall annually on or before June first file with the state secretary a report signed under the penalties of perjury by its trustees stating (a) the name of the association or trust; (b) the location (with street address) of its principal office in this commonwealth and elsewhere if the trust or association does business outside the commonwealth; (c) the number of its issued and outstanding transferable certificates of participation or shares; and (d) the names and addresses of its trustees.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 13 - Examination of Report; Approval; Endorsement; Filing; Fee

Section 13. The state secretary shall examine such report, and if he finds that it conforms to the requirements of this chapter, he shall endorse his approval thereon, and upon the payment of a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven shall cause this report to be filed in his office in book form for convenient reference, and open to public inspection.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XXII - Corporations › Chapter 182 - Voluntary Associations and Certain Trusts › Section 14 - Failure to File Report

Section 14. If the trust or association fails to file its report within the time required by law, the state secretary shall give notice by mail, postage prepaid, to such trust or association in default. If the trust or association omits to file such report within thirty days after such notice of default has been given, it shall forfeit to the commonwealth not less than five dollars nor more than ten dollars for each day during which default continues. Such forfeiture may be recovered by the commonwealth in an action brought in Suffolk county in the name of the commonwealth, or may be recovered by an information in equity in the name of the attorney general at the relation of the state secretary brought in the supreme judicial court in Suffolk county. Upon such information, the court may issue an injunction restraining the further prosecution of the business of the trust or association until such forfeiture, with interest and costs, has been paid and until such report has been filed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 1 - Acts or Ceremonies Necessary for Conveyance by Deed

Section 1. A deed executed and delivered by the person, or by the attorney of the person, having authority therefor, shall, subject to the limitations of section four, be sufficient, without any other act or ceremony, to convey land.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 3 - Estate Created Without Instrument in Writing

Section 3. An estate or interest in land created without an instrument in writing signed by the grantor or by his attorney shall have the force and effect of an estate at will only, and no estate or interest in land shall be assigned, granted or surrendered unless by such writing or by operation of law.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 4 - Effect of Recordation or Actual Notice of Deeds or Leases, or of Assignments of Rents or Profits

Section 4. A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof, or an assignment of rents or profits from an estate or lease, shall not be valid as against any person, except the grantor or lessor, his heirs and devisees and persons having actual notice of it, unless it, or an office copy as provided in section thirteen of chapter thirty-six, or, with respect to such a lease or an assignment of rents or profits, a notice of lease or a notice of assignment of rents or profits, as hereinafter defined, is recorded in the registry of deeds for the county or district in which the land to which it relates lies. A ''notice of lease'', as used in this section, shall mean an instrument in writing executed by all persons who are parties to the lease of which notice is given and shall contain the following information with reference to such lease:—the date of execution thereof and a description, in the form contained in such lease, of the premises demised, and the term of such lease, with the date of commencement of such term and all rights of extension or renewal. A ''notice of assignment of rents or profits'', as used in this section, shall mean an instrument in writing executed by the assignor and containing the following information:— a description of the premises, the rent or profits of which have been assigned, adequate to identify the premises, the name of assignee, and the rents and profits which have been assigned. A provision in a recorded mortgage assigning or conditionally assigning rents or profits or obligating the mortgagor to assign or conditionally assign existing or future rents or profits shall constitute a ''notice of assignment of rents or profits''.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 5 - Recording of Instruments; Evidence of Delivery

Section 5. The record of a deed, lease, power of attorney or other instrument, duly acknowledged or proved as provided in this chapter, and purporting to affect the title to land, shall be conclusive evidence of the delivery of such instrument, in favor of purchasers for value without notice claiming thereunder.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 5a - Recording of Statements Relating to Title; Use as Evidence

Section 5A. A statement of a person's married or unmarried status, kinship or lack of kinship, or of the date of his birth or death, which relates or purports to relate to the title to land and is sworn to before any officer authorized by law to administer oaths may be filed for record and shall be recorded in the registry of deeds for the county where the land or any part thereof lies. Any such statement, if so recorded, or a certified copy of the record thereof, in so far as the facts stated therein bear on the title to land, shall be admissible in evidence in support of such title in any court in the commonwealth in proceedings relating to such title.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 5b - Affidavits Relating to Title; Recording

Section 5B. Subject to section 15 of chapter 184, an affidavit made by a person claiming to have personal knowledge of the facts therein stated and containing a certificate by an attorney at law that the facts stated in the affidavit are relevant to the title to certain land and will be of benefit and assistance in clarifying the chain of title may be filed for record and shall be recorded in the registry of deeds where the land or any part thereof lies.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 6 - Name and Address of Grantee; Recital of Consideration; Failure to Comply

Section 6. Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 6a - Instruments Conveying Unregistered Land; Sufficient Description or Identification; Recording; Failure to Comply

Section 6A. No instrument conveying unregistered land shall be accepted for recording unless (a) the instrument indicates that the land conveyed is the same as described in or conveyed by prior recorded instruments identified sufficiently to locate the place of recording within the registry, or states that the instrument does not create any new boundaries, or (b) the instrument identifies the land conveyed either by reference to a plan or plans previously recorded in the same registry of deeds and identified sufficiently to locate the place of recording therein, or by reference to a plan or plans recorded with the conveyance. Failure to comply with this section shall not affect the validity of any instrument.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 6b - Address of Property Affected

Section 6B. All documents to be recorded in the land court or registry of deeds shall, where applicable, set forth in the margin the street address of the property which is affected by such document; provided, however, that failure to include such address shall not affect the validity of the document or the recording thereof.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 6c - Residence and Address of Mortgagee or Assignee

Section 6C. Every mortgage and assignment of a mortgage presented for record shall contain or have endorsed upon it the residence and post office address of the mortgagee or assignee if said mortgagee or assignee is a natural person, or a business address, mail address or post office address of the mortgagee or assignee if the mortgagee or assignee is not a natural person. Such endorsement shall be recorded as part of the mortgage or assignment of a mortgage. Failure to comply with this section shall not affect the validity of any mortgage or assignment of a mortgage or the recording thereof. No register of deeds shall accept a mortgage or assignment of a mortgage for recording unless it is in compliance with the requirements of this section.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 6d - Endorsement on Mortgages and Assignments of Mortgages Secured by Residential Property; Contents; Failure to Comply

Section 6D. Every mortgage and assignment of mortgage secured by residential property, as defined in section 1 of chapter 255E, presented for record, in which a mortgage broker, as defined in said section 1 of said chapter 255E, is involved shall contain or have endorsed upon it the name, post office address and license number of the mortgage broker and, if applicable, the mortgage loan originator, as defined in section 1 of chapter 255F, responsible for placing the mortgage loan with the mortgagee. This endorsement, or notation that no mortgage broker or mortgage loan originator was involved in the mortgage, if known, shall be recorded as part of the mortgage or assignment of mortgage. Failure to comply with this section shall not affect the validity of any mortgage or the recording of any mortgage or assignment of mortgage.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 7 - Conveyance by Grantor Notwithstanding Disseisin or Adverse Possession; Title; Grantee's Rights

Section 7. A conveyance of land, if otherwise valid, shall, notwithstanding disseisin or adverse possession, be as effectual to transfer the title of the grantor as if he were actually seized and possessed of such land, and shall vest in the grantee the rights of entry and of action for recovery of the estate incident to such title.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 8 - Statutory Forms; Alteration or Substitution; ''incorporation by Reference'' Defined

Section 8. The forms set forth in the appendix to this chapter may be used and shall be sufficient for their respective purposes. They shall be known as ''Statutory Forms'' and may be referred to as such. They may be altered as circumstances require, and the authorization of such forms shall not prevent the use of other forms. Wherever the phrase ''incorporation by reference'' is used in the following sections, the method of incorporation as indicated in said forms shall be sufficient, but shall not preclude other methods.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 9 - Rules and Definitions Relating to Deeds or Other Instruments

Section 9. For the purpose of avoiding the unnecessary use of words in deeds or other instruments relating to real estate, whether said statutory form or other forms are used, the rules and definitions contained in sections ten to twenty-eight, inclusive, shall apply to all such instruments executed or delivered on or after January first, nineteen hundred and thirteen.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 10 - Warranty Deed

Section 10. A deed in substance following the form entitled ''Warranty Deed'' shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors, administrators and successors, with the grantee, his heirs, successors and assigns, that, at the time of the delivery of such deed, (1) he was lawfully seized in fee simple of the granted premises, (2) that the granted premises were free from all encumbrances, (3) that he had good right to sell and convey the same to the grantee and his heirs and assigns, and (4) that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns against the lawful claims and demands of all persons.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 11 - Quitclaim Deed

Section 11. A deed in substance following the form entitled ''Quitclaim Deed'' shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors, administrators and successors, with the grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 12 - ''grant'' as Word of Conveyance

Section 12. In a conveyance of real estate the word ''grant'' shall be a sufficient word of conveyance without the use of the words ''give, bargain, sell and convey'', and no covenant shall be implied from the use of the word ''grant''.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 13 - Words of Inheritance

Section 13. In a conveyance or reservation of real estate the terms ''heirs'', ''assigns'' or other technical words of inheritance shall not be necessary to convey or reserve an estate in fee. A deed or reservation of real estate shall be construed to convey or reserve an estate in fee simple, unless a different intention clearly appears in the deed.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 14 - Uses and Trusts

Section 14. When a conveyance or devise of real estate is made to a grantee or devisee to a use intended to be executed by the statute of uses, the word ''use'' shall be employed in declaring the use; and provisions introduced by the words ''in trust'', or other expressions that might otherwise create uses, shall be deemed to create trusts and not uses. If no use is declared in a conveyance or devise of real estate, the same shall take effect as if it were expressed to be for the use of the grantee or devisee.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 15 - Easements, Privileges and Appurtenances Belonging to Granted Estate

Section 15. In a conveyance of real estate all rights, easements, privileges and appurtenances belonging to the granted estate shall be included in the conveyance, unless the contrary shall be stated in the deed, and it shall be unnecessary to enumerate or mention them either generally or specifically.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 16 - ''warranty Covenants''

Section 16. In a conveyance of real estate the words ''warranty covenants'' shall have the full force, meaning and effect of the following words: ''The grantor, for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that he has good right to sell and convey the same, and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons''.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 17 - ''quitclaim Covenants'' or ''limited Covenants''

Section 17. In a conveyance of real estate the words ''quitclaim covenants'' or the words ''limited covenants'' shall have the full force, meaning and effect of the following words: ''The grantor, for himself, his heirs, executors, administrators and successors, covenants with the grantee, his heirs, successors and assigns, that the granted premises are free from all encumbrances made by the grantor, and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the grantee and his heirs, successors and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other''.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 18 - Mortgage Deeds

Section 18. A deed in substance following the form entitled ''Mortgage Deed'' shall when duly executed have the force and effect of a mortgage deed to the use of the mortgagee and his heirs and assigns with mortgage covenants and upon the statutory condition and with the statutory power of sale, as defined in the three following sections, to secure the payment of the money or the performance of any obligation therein specified. The parties may insert in such mortgage any other lawful agreement or condition.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 19 - ''mortgage Covenants''

Section 19. In a conveyance of real estate the words ''mortgage covenants'' shall have the full force, meaning and effect of the following words, and shall be applied and construed accordingly: ''The mortgagor, for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and assigns, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the mortgagee and his heirs, successors and assigns forever against the lawful claims and demands of all persons; and that the mortgagor and his heirs, successors or assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge and deliver to the purchaser or purchasers a deed or deeds of release confirming such sale; and that the mortgagee and his heirs, executors, administrators, successors and assigns are appointed and constituted the attorney or attorneys irrevocable of the said mortgagor to execute and deliver to the said purchaser a full transfer of all policies of insurance on the buildings upon the land covered by the mortgage at the time of such sale''.
2023 Massachusetts General Laws › Part II - Real and Personal Property and Domestic Relations › Title I - Title to Real Property › Chapter 183 - Alienation of Land › Section 20 - ''statutory Condition'' in Mortgages

Section 20. The following ''condition'' shall be known as the ''Statutory Condition'', and may be incorporated in any mortgage by reference:
(CONDITION.)
Provided, nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, or his heirs, executors, administrators, successors or assigns shall pay unto the mortgagee or his executors, administrators or assigns the principal and interest secured by the mortgage, and shall perform any obligation secured at the time provided in the note, mortgage or other instrument or any extension thereof, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes, charges and assessments to whomsoever and whenever laid or assessed, whether on the mortgaged premises or on any interest therein or on the debt or obligation secured thereby; shall keep the buildings on said premises insured against fire in a sum not less than the amount secured by the mortgage or as otherwise provided therein for insurance for the benefit of the mortgagee and his executors, administrators and assigns, in such form and at such insurance offices as they shall approve, and, at least two days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring, and shall not commit or suffer any strip or waste of the mortgaged premises or any breach of any covenant contained in the mortgage or in any prior mortgage, then the mortgage deed, as also the mortgage note or notes, shall be void.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.