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.

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Terms Used In Massachusetts General Laws ch. 244 sec. 3

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Verdict: The decision of a petit jury or a judge.