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January 12, 2026 Clear | 32°F
The 194th General Court of the Commonwealth of Massachusetts
  1. General Laws
  2. Part III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES
  3. Title III REMEDIES RELATING TO REAL PROPERTY
  4. Chapter 244 FORECLOSURE AND REDEMPTION OF MORTGAGES
  5. Section 3 Declaration by mortgagees; conditional judgment

Section 3

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.