There Is a Newer Version of the Massachusetts General Laws
2009 Massachusetts Code
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.
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