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.

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Terms Used In Massachusetts General Laws ch. 244 sec. 4

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Plaintiff: The person who files the complaint in a civil lawsuit.