Massachusetts General Laws ch. 140 sec. 107 – Security interest, pledge or wage assignment; discharge by payment or tender; future advances; damages for neglect or refusal
Section 107. If a loan to which sections ninety-six to one hundred and eleven, inclusive, apply is secured by a security interest or pledge of personal property or by an assignment of wages, the security interest, unless it secures future advances, shall be discharged, the pledge restored or the assignment released upon payment or tender of the amount legally due under said sections. If such security interest secures future advances, it need not be discharged except at the borrower’s written request and shall be discharged upon such request unless such future advances have been made. Such payment or tender may be made by the debtor, by any person duly authorized by him or by any person having an interest in the property subject to the security interest pledged or in the wages assigned. Whoever refuses or neglects to discharge a security interest as aforesaid, release an assignment or restore a pledge to the party entitled to receive the same, after payment of the debt secured thereby or the tender of the amount due thereon as aforesaid, shall be liable in tort to the borrower for all damages thereby sustained by him.
Terms Used In Massachusetts General Laws ch. 140 sec. 107
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Personal property: All property that is not real property.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.