reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 242 - Waste and Trespass › Section 7b - Damage by Off-Highway or Recreational Vehicle to Field Crops or Agricultural Property; Treble Damages; Definitions

Section 7B. (a) Any person operating an off-highway or recreational vehicle who damages or destroys a field crop product and agricultural property situated on the land of another shall be liable to the owner of such product in tort.
(b) A party awarded judgment under this section shall be entitled to damages in an amount up to, but not greater than, 3 times the amount assessed for the removal, damage or destruction of the farm crop product and agricultural property, plus attorney fees and litigation costs. In assessing damages under this section, the court shall consider the market value of the field crop product and agricultural property prior to its removal, damage or destruction and all costs directly related to the production, research, testing, replacement and development of the field crop product and agricultural property.
(c) Damages awarded under this section shall not limit remedies available under chapter 266 or under any other applicable local, state or federal law.
(d) Liability under this section shall not apply to any federal, state or local government agency, or to any employee of any such agency acting in the course of his employment.
(e) For purposes of this section, a ''field crop product'' shall mean any product of the soil that is grown in the context of a research or product development program in conjunction or coordination with a private research facility or a university, any federal, state or local governmental agency or any crop produced for commercial purposes on an agricultural operation as defined by Section 1A of chapter 128.
(f) For purposes of this section, an ''agricultural property'' shall mean any implement of husbandry, structure used for the conveyance of water or structure used in the production, growing or processing of field crop products or for keeping and raising of livestock.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 242 - Waste and Trespass › Section 8 - Involuntary Trespass; Tender of Damages

Section 8. A trespasser, if the trespass was casual and involuntary, may, before an action is commenced, tender the damages and, upon action brought, disclaim title and allege the tender and that the trespass was casual and involuntary; and if it is found that the allegations are true and if he has deposited with the court the amount of his tender at the time of filing his answer and the damages assessed are not more than the amount tendered, he shall recover costs. Such tender may, subject to the same provisions, be made after the action has been commenced with like effect, if it covers the costs to the time of tender.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 242 - Waste and Trespass › Section 9 - Enjoining Waste; Jurisdiction; Bond

Section 9. If a person whose land is attached commits waste thereon or threatens or prepares so to do or if a real action is brought to foreclose a mortgage or for possession thereunder or for the recovery of land and any waste, or act in the nature of waste, on the land has been committed or threatened by the tenant or any one who claims under him or acts by his permission, the court in which the action is pending shall, upon motion of the plaintiff or demandant, have jurisdiction in equity to enjoin such waste or act. In such case the court may require the plaintiff or demandant to give bond in such sum as it orders to the adverse party, with sufficient sureties, conditioned, if the injunction is dissolved, to pay all damages arising from the issuing thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 243 - Actions for Private Nuisances › Section 1 - Judgment for Abatement of Nuisance

Section 1. If the plaintiff prevails in tort for a nuisance, the court may, in addition to the judgment for damages and costs, enter judgment that the nuisance be abated and removed and may issue execution for the damages and costs and a separate warrant to the proper officer, requiring him to abate and remove the nuisance at the expense of the defendant as public and common nuisances are abated and removed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 243 - Actions for Private Nuisances › Section 2 - Stay of Warrant

Section 2. The court may, upon motion of the defendant, order a stay of such warrant for not more than six months, to give him opportunity to remove the nuisance, upon his undertaking so to do within the time ordered.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 243 - Actions for Private Nuisances › Section 3 - Judgment of Abatement in Second Action

Section 3. If the plaintiff recovers judgment in a second action for the continuance or repetition of the same nuisance, he shall be entitled as of right to a judgment for abatement and removal and to a warrant as provided in section one, if judgment in the former action was in his favor and whether it included an order for abatement or removal or not.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 243 - Actions for Private Nuisances › Section 4 - Expense of Abatement; Collection

Section 4. The expense of abatement and removal shall be collected by the officer as damages and costs are collected upon execution, except that the materials of buildings, fences or other things so removed may be sold by the officer as goods are sold on execution for the payment of debts. The officer shall apply the proceeds to the expense of the removal and shall upon demand pay over the remainder to the defendant. If the proceeds are insufficient to defray the expenses, the officer shall collect the deficit from the defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 243 - Actions for Private Nuisances › Section 6 - Actions Against Farming Operations; Limitations

Section 6. No action in nuisance may be maintained against any person or entity resulting from the operation of a farm or any ancillary or related activities thereof, if said operation is an ordinary aspect of said farming operation or ancillary or related activity; provided, however, that said farm shall have been in operation for more than one year. This section shall not apply if the nuisance is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted agricultural practices. For the purposes of this section, ''agriculture'' and ''farming'' shall be as defined in section one A of chapter one hundred and twenty-eight.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 1 - Foreclosure by Entry or Action; Continued Possession

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, if not opposed by the mortgagor or other person claiming it, or by action under this chapter; and possession so obtained, if continued peaceably for three years from the date of recording of the memorandum or certificate as provided in section two, shall forever foreclose the right of redemption.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 2 - Entry Without Judgment; Memorandum or Certificate; Recording

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 signed by the mortgagor or person claiming under him, or a certificate, under oath, of two competent witnesses to prove the entry shall be made. Such memorandum or certificate shall after the entry, except as provided in section seventy of chapter one hundred and eighty-five, be recorded in the registry of deeds for the county or district where the land lies, with a note of reference, if the mortgage is recorded in the same registry, from each record to the other. Unless such record is made, the entry shall not be effectual for the purposes mentioned in the preceding section.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 3 - Declaration by Mortgagees; Conditional Judgment

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 verdict or otherwise that the plaintiff is entitled to possession of the land for breach of condition, it shall upon motion of either party, except as provided in the following section, award a conditional judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 4 - Procedure

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 not redeem the land nor have a conditional judgment, except with the consent of the plaintiff, but the action shall be conducted like an action for possession, and in all cases the judgment for the plaintiff may be entered for possession as at common law, unless one or the other of the parties moves for the conditional judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 5 - Form of Conditional Judgments Generally

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 that if the defendant within two months after the judgment pays to the plaintiff such amount with interest and the costs, the mortgage shall be void, and the defendant shall hold the land discharged thereof; otherwise, that the plaintiff shall have execution for possession and for costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 6 - Form in Special Cases

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 is secured by the mortgage, is due, the court shall vary the terms of the judgment as the case may require, but shall award execution as before provided unless the defendant within two months after the judgment performs the conditions thereof.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 7 - Discharge or Release on Satisfaction of Execution

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 mortgagee, his executor, administrator or assigns shall, at the expense of the mortgagor, enter on the margin of the record of the execution an acknowledgment of satisfaction or make to the mortgagor a deed of release, which shall be recorded with notes of reference to the execution discharged thereby.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 8 - Form of Action; Parties

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 conducted as if brought by the original mortgagee. The mortgagor may be joined therein as a defendant irrespective of his estate in the land; but if he has no estate in the land and makes no defence to the action, he shall not be liable for costs.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 9 - Right of Entry Before Breach

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 condition of the mortgage, if there is no agreement to the contrary; but if the debt is afterward paid or the mortgage redeemed, the amount of the clear rents and profits from the time of the entry shall be accounted for and deducted from the amount due on the mortgage.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 10 - Foreclosure and Redemption Where Entry Made Before Breach

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 breach of condition, or bring an action, under section one, with the same effect as if he were not in possession; or he may foreclose the right of redemption by giving, after breach of condition, to the mortgagor, or person claiming under him, a written notice that he will thenceforward hold the land for the purpose of foreclosure and causing a certificate in proof thereof to be recorded within thirty days after such notice as in case of an original entry. If such notice is given and recorded, the three years limited for redemption shall run from the date of giving the notice.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 11 - Mortgages Containing Power of Sale; Court Order for Sale

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, at the request of the plaintiff order the property to be sold pursuant to such power. The plaintiff shall thereupon execute the power and do all things required by it or by the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 12 - Procedure After Sale

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 doings, and the court may confirm the sale or set it aside and order a re-sale. Any person interested may appear or be summoned, and the order of the court confirming the sale shall be conclusive evidence against all persons that the power of sale was duly executed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 13 - Necessary Parties

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 shall not be made until all parties interested in the equity of redemption and whose estate or interest therein would be affected by such sale have been summoned to appear.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 14a - Foreclosure Database; Annual Report on Developments and Trends in Residential Property Foreclosures

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 to, foreclosure activity by mortgage lenders, mortgage holders and mortgage servicers, as well as the mortgage brokers and loan originators who placed these mortgage loans in the commonwealth, including information relative to the original mortgagee and any subsequent assignee. Based on the information received, the commissioner shall produce a report, at least annually, to track developments and trends of mortgage foreclosures on residential property in the commonwealth including, but not limited to, an analysis of the pre-foreclosure notices submitted to the commissioner compared to the final foreclosure notices, and any trends or patterns relative to the geographic location of the residential properties and interest rates. The report shall be available to the public upon request, and the commissioner shall make it available in any other manner that he may choose.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 15a - Mortgagee Taking Possession or Conveying Title; Notice

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 shall, within thirty days of taking possession or conveying title, notify all residential tenants of said premises, and the office of the assessor or collector of taxes of the municipality in which the premises are located and any persons, companies, districts, commissions or other entities of any kind which provide water or sewer service to the premises, of said taking possession or conveying title.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 17 - Conveyance by Mortgagor; Effect

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 to sell or transfer the land as attorney or agent of the mortgagor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 17a - Limitation of Actions

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 for deficiencies after foreclosure by sale under a power contained in the mortgage, and actions on such notes or other obligations which are subject to a prior mortgage, to recover the amount due thereon after the foreclosure by sale of such prior mortgage under power contained therein, shall, except as hereinafter provided, be commenced within two years after the date of the foreclosure sale or, if the principal of the note or other obligation does not become payable until after the foreclosure sale, then within two years after the time when the cause of action for the principal accrues.
Such actions in cases where the foreclosure sale shall have occurred or the cause of action shall have accrued prior to January first, nineteen hundred and forty-six shall be commenced within two years after said date. Nothing in this section shall extend any other period of limitation.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 17b - Notice of Intention to Foreclose; Necessity; Form; Notice and Affidavit

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 secured by mortgage of real estate after a foreclosure sale by him taking place after January first, nineteen hundred and forty-six unless a notice in writing of the mortgagee's intention to foreclose the mortgage has been mailed, postage prepaid, by registered mail with return receipt requested, to the defendant sought to be charged with the deficiency at his last address then known to the mortgagee, together with a warning of liability for the deficiency, in substantially the form below, not less than twenty-one days before the date of the sale under the power in the mortgage, and an affidavit has been signed and sworn to, within thirty days after the foreclosure sale, of the mailing of such notice. A notice mailed as aforesaid shall be a sufficient notice, and such an affidavit made within the time specified shall be prima facie evidence in such action of the mailing of such notice. The notice and affidavit, respectively, shall be in substantially the following forms:
Notice of Intention to Foreclose and of Deficiency After Foreclosure of Mortgage.
To A.B.
Street
You are hereby notified, in accordance with the statute, of my intention, on or after   , to foreclose by sale under power of sale for breach of condition, the mortgage held by me on property on   Street in   in the County of   dated   and recorded with   deeds Book   page   to secure a note (or other obligation) signed by you, for the whole, or part, of which you may be liable to me in case of a deficiency in the proceeds of the foreclosure sale.
Yours very truly,
C.D. Holder of said mortgage.
Affidavit.
I hereby certify on oath that on the   day of   (insert year) I mailed by registered mail, postage prepaid and return receipt requested, the notice, a copy of which appears below, directed to the persons or person at the addresses therein named which were the last addresses of such persons known to me at the time of mailing.
(Here insert copy)
Signed and sworn to before me this   day of   (insert year)
. . . . . . . . . . . . . . .
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 17c - Waiver of Provisions of Secs. 17a and 17b; Validity

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 them made before suit is commenced shall be void.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 18 - Persons Authorized to Redeem

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 holding under him, has obtained possession of the land for breach of condition and has continued that possession for three years, or unless the land has been sold pursuant to a power of sale contained in the mortgage deed.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 19 - Tender of Payment or Performance

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 payable on the mortgage, and shall perform or tender performance of every other condition contained therein; and if there has been an action to recover the land he shall pay or tender the costs of such action if unpaid.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 20 - Accounting

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 allowed for all amounts expended in reasonable repairs and improvements, for all lawful taxes and assessments paid and for all other necessary expenses in the care and management of the land. A balance of such account, if due from him, shall be deducted from the debt due on the mortgage; if due to him, shall be added to the debt, and paid or tendered as such.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 21 - Time for Tender; Suit for Redemption

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 before a sale pursuant to a power contained in the mortgage; but if the mortgagee or person claiming or holding under him does not accept the tender and discharge the mortgage, the tender shall not prevent the foreclosure unless, within one year after the tender, the mortgagor or person claiming or holding under him commences suit for redemption and when he commences suit pays to the clerk of the court the amount tendered for the use of the party entitled thereto.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 22 - Suit Without Previous Tender

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 condition, and before a sale pursuant to a power contained in the mortgage, commence suit for redemption without previous tender, and may in such suit offer to pay such amount as shall be found due from him, or to perform such other condition as the case may require; but a mortgagee who has published a notice of sale prior to the commencement of such suit may proceed with said sale unless the amount due is paid into court or the sale enjoined.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 23 - Amounts Not in Dispute; Order for Payment

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, and may by an interlocutory decree order it paid to the mortgagee, or for his use to the clerk of the court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 24 - Costs

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 that the condition of the mortgage has not been performed, the plaintiff shall pay costs of suit, unless the court finds that the defendant has unreasonably refused or neglected, when requested, to render a just and true account of the money due upon the mortgage and of rents and profits and amounts paid for taxes, repairs, improvements and other necessary expenses, or that he otherwise by his default prevented the plaintiff from performing or tendering performance of the condition before commencement of suit.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 25 - Defective Tender

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 shall, although the tender alleged is found to be insufficient, be entitled to a decree for redemption as if no previous tender had been alleged.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 27 - Judgment of Possession

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 to perform for the redemption of the land, and shall enter judgment that, upon payment of such amount or performance of such condition within such time as it shall order, the plaintiff shall have execution for possession of the land and shall hold it discharged of the mortgage.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 28 - Interest

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 mortgaged, it may award him the balance found due on the mortgage, with interest thereon at a rate of not more than twelve per cent a year from the expiration of three years after the entry to the date of the judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 29 - Execution for Possession

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 judgment to be paid or performed, the money shall be left for his use with the clerk of the court, or such other act done as the case requires; and the plaintiff, having performed all acts required by the judgment, may have execution for possession of the land.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 30 - Judgment and Execution for Balance

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, it shall award judgment and execution against him for the amount due to the plaintiff; and if there are several defendants, such judgment and execution may be awarded against them, either jointly or severally, for the amounts received by them or any of them, respectively.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 31 - Distribution of Money Tendered and Paid Into Court

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 due the defendant, to whom the balance only shall be paid from any money tendered or brought into court, and the residue, if any, shall be paid to the plaintiff.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 33 - Survival of Right of Redemption

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 suit for redemption which the deceased might have made, commenced or prosecuted.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 35 - Opening Foreclosure; Right of Redemption

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 on the ground that the value of the land mortgaged at the time of the foreclosure was less than the amount due, such recovery shall open the foreclosure, and the person entitled may redeem the land although the three years limited therefor have expired, if suit for redemption is brought within one year after the recovery of such judgment.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 36 - Excess Received by Mortgagee; Recovery

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, or in any other manner, more than is due on the mortgage, and no suit for redemption is brought against him, the mortgagor or other person entitled to such excess may recover it in a civil action.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 37 - Discharge of Mortgages Held by Commonwealth

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 a discharge.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 38 - Foreclosure

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 the name and behalf of the commonwealth by himself or a person whom he appoints, or he may bring an action in the name of the commonwealth to recover possession of the land mortgaged; and possession obtained by entry or by action shall have the same effect in foreclosing the right of redemption as a similar possession by any other mortgagee.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 39 - Redemption Generally

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 payment or performance of the condition shall be made or tendered to the state treasurer.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 40 - Action for Redemption; Jurisdiction; Process; Payments; Discharge

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 in the supreme judicial or the superior court, for the county of Suffolk, civil action against the commonwealth for the redemption. The process shall be served on the state treasurer, who shall appear and answer in behalf of the commonwealth; and like proceedings shall be had and like judgment rendered as in case of other mortgagees, except that the state treasurer shall accept any payment due the commonwealth, and upon receipt thereof, or upon performance of such other condition as the court orders, shall discharge the mortgage in like manner as when the debt is paid without suit.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 244 - Foreclosure and Redemption of Mortgages › Section 41 - Inspection of Property for Presence of Abandoned Animals

Section 41. Not more than 3 days after the property owner knew or should have known that a property was vacated through a mortgage foreclosure, the owner, person in control of the property or a designee shall inspect the property for the presence of abandoned animals. If the owner, person in control of the property or a designee encounters an abandoned animal under this section, such person shall immediately notify an animal control officer as defined in section 136A of chapter 140, a police officer or other authorized agent of the presence and condition of the animal.
The owner, person in control of the property or a designee who encounters an abandoned animal pursuant to this section shall not be considered the owner, possessor or person having the charge or custody of the animal under section 77 of chapter 272.
For the purposes of this section, an animal shall be considered abandoned if it is found in a property vacated through mortgage foreclosure.
If the owner or person in control of the property fails to comply with this section, such person shall be subject to a civil penalty of not more than $500 for a first offense and not more than $1,000 for a second or subsequent offense. Funds collected under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 1 - Unlawful Entry; Action for Recovery

Section 1. If a person unlawfully enters upon or holds land belonging to the commonwealth, it may be recovered in a civil action brought by the attorney general or by a district attorney in the superior court in any county or in the land court.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 2 - Order of Governor and Council; When Necessary

Section 2. If the title of the commonwealth is founded on a forfeiture for breach of a condition in a grant or conveyance by the commonwealth or by the province or colony of Massachusetts bay, no action for the recovery thereof shall be commenced unless by direction of the governor, with the advice and consent of the council; but in all other cases the attorney general or district attorney may prosecute an action therefor if he believes that the claim of the commonwealth can be established.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 4 - Notice by Publication

Section 4. If, in case of a supposed escheat, no person appears as the heir of the person last seized, or if in any case there is reason to suppose that there is a person claiming an estate or interest in the land, whose name is unknown, who is absent from the commonwealth or who cannot be found therein to be served with process, the court shall, in addition to any other service, order the substance of the complaint with the order of the court thereon to be published once in each of three successive weeks in a newspaper designated by it, the first publication to be at least ninety days before the time appointed for the appearance of the parties.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 5 - Defendants, Persons Who May Be; Costs

Section 5. A person claiming an estate or interest in the land, although not named in the complaint nor served with process, may appear and answer thereto; but a defendant not named shall not recover costs against the commonwealth, unless it appears that he has an estate or interest in the land, although the commonwealth fails to establish its claim thereto. If there are several defendants, the court may award costs for or against any one, as if he were the sole defendant.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 6 - Rents and Profits; Improvements; Commonwealth Prevailing Party

Section 6. If the commonwealth prevails, the defendant shall be chargeable for rents and profits and be entitled to an allowance for improvements as provided in chapter two hundred and thirty-seven.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 8 - Judgments; Conclusiveness

Section 8. The judgment shall be conclusive between the commonwealth and the defendants who appear and answer, and against every person named as a defendant and duly served and against all persons claiming under such defendants.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 9 - Persons Not Concluded; Action for Recovery

Section 9. A person not concluded by a judgment for the commonwealth under the preceding section may, until his claim is barred by law for the limitation of real actions or otherwise, bring an action to recover the land from the commonwealth or from any person then holding under it. He may deny and disprove any facts alleged and proved in the first action and allege and prove other facts in support of his claim and shall, if it appears that he is entitled to the land, have judgment and execution therefor.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 10 - Against Whom Action Brought

Section 10. If the commonwealth continues seized of the land when such new action is commenced, such action shall be brought against the tenant or occupant thereof, and, in addition to the service on him service shall be made upon the attorney general or district attorney. If the commonwealth has granted away the land, the action shall be brought against the tenant of the freehold. In either case it shall be conducted and disposed of as if no such action by the commonwealth had been brought.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 11 - Rents and Profits; Improvements; Plaintiff Prevailing Party

Section 11. If the plaintiff recovers judgment, he shall be entitled to rents and profits and chargeable for improvements as provided in chapter two hundred and thirty-seven, although the land has not been held and possessed for six years under the adverse title.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title III - Remedies Relating to Real Property › Chapter 245 - Informations by the Commonwealth › Section 12 - Costs

Section 12. Costs shall be awarded and taxed for the prevailing party. If judgment is for the commonwealth, an execution for costs shall issue; if it is for the defendant, the costs shall be paid by the commonwealth.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 1 - Actions Maintainable; Trustees

Section 1. Trustee process may be used in accordance with the applicable rules of court in connection with the commencement of all personal actions except actions only for specific recovery of goods and chattels, for malicious prosecution, for slander and libel, or for assault and battery; and any person may be summoned as trustee of the defendant therein; but except in the case of a complaint which contains a statement that the action is upon a judgment, a contract for personal services, for goods sold and delivered, or for money due under a contract in writing, or to recover damages on account of the operation of a motor vehicle not registered in the commonwealth, no summons and complaint in any action seeking damages in excess of one thousand dollars shall be served upon any alleged trustee unless there shall have been filed by the plaintiff, if other than a city or town of the commonwealth named therein, in the court wherein such action is commenced, a bond with a surety company authorized to do business in the commonwealth as surety, or with sureties approved by a justice, associate justice or special justice of such court, said bond to be in a penal sum in such amount as the court which approves the trustee process shall require but not less than two hundred and fifty dollars and to be conditioned upon payment to the defendant, if the plaintiff fails to recover or if such action is discontinued, of all costs which may be awarded to the defendant and all damages which he may sustain by reason of such attachment, but not exceeding the penal sum of the bond, nor unless there shall have been endorsed on the complaint by the justice, associate justice or special justice who approved said bond, or by the clerk of such court, the fact that the bond required by this section has been filed in such court. An individual who is not an inhabitant of the commonwealth, or a foreign corporation or association, shall not be so summoned unless he or it has a usual place of business in the commonwealth. The amount paid by the plaintiff to a surety company for becoming surety on such a bond shall be taxed in his costs if he prevails in the action. No bond shall be required to be filed as provided herein in an action brought hereunder by the attorney general on behalf of the commonwealth or any department, board, commission, office or officer thereof. Trustee process may likewise be issued in actions to enforce an order for alimony, maintenance or child support by the filing of a complaint and following the procedures set forth in section thirty-six A of chapter two hundred and eight, and no bond shall be required to be filed as otherwise provided herein in such actions.
2023 Massachusetts General Laws › Part III - Courts, Judicial Officers and Proceedings in Civil Cases › Title IV - Certain Writs and Proceedings in Special Cases › Chapter 246 - Trustee Process › Section 2 - Venue

Section 2. If, in an action in the supreme judicial or superior court in which trustee process is used, all the persons named in the summons as trustees dwell or have usual places of business in one county, the action shall be brought in that county; otherwise it may be brought in any county where any one of the trustees dwells or has a usual place of business.