Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 20 (2026)

''Statutory condition'' in mortgages

✓ current as of July 2026

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Section 20. The following ''condition'' shall be known as the ''Statutory Condition'', and may be incorporated in any mortgage by reference:

(CONDITION.)

Provided, nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, or his heirs, executors, administrators, successors or assigns shall pay unto the mortgagee or his executors, administrators or assigns the principal and interest secured by the mortgage, and shall perform any obligation secured at the time provided in the note, mortgage or other instrument or any extension thereof, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes, charges and assessments to whomsoever and whenever laid or assessed, whether on the mortgaged premises or on any interest therein or on the debt or obligation secured thereby; shall keep the buildings on said premises insured against fire in a sum not less than the amount secured by the mortgage or as otherwise provided therein for insurance for the benefit of the mortgagee and his executors, administrators and assigns, in such form and at such insurance offices as they shall approve, and, at least two days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring, and shall not commit or suffer any strip or waste of the mortgaged premises or any breach of any covenant contained in the mortgage or in any prior mortgage, then the mortgage deed, as also the mortgage note or notes, shall be void.

Notes of Decisions

Cited in 16 cases, 1966–2014 · leading case: Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012).

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Eaton v. Fed. Nat'l Mortg. Ass'n, 969 N.E.2d 1118 (Mass. 2012). · cites it 2× “The section of the 1912 statute that inserted the “statutory power of sale” into the General Laws (see note 16, supra), also enacted and inserted the “statutory condition,” which currently appears as G. L. c. 183, § 20. See St. 1912, c. 502, § 6.”

U.S. Bank Nat'l Ass'n v. Schumacher, 467 Mass. 421 (Mass. 2014). “See G. L. c. 183, § 20 (setting forth “statutory condition” in mortgage).”

Kattar v. Demoulas, 433 Mass. 1 (Mass. 2000). “See G. L. c. 183, § 20. As such, the plaintiffs were required to pay the real estate taxes levied against the mortgaged premises.”

Santiago v. Alba Mgmt., Inc., 928 N.E.2d 359 (Mass. App. Ct. 2010). · cites it 2× “See G. L. c. 183, §§ 20, 21. On December 4, 1992, the bank assigned the Coats & Luke mortgage to Alba.”

Negron v. Gordon, 366 N.E.2d 241 (Mass. 1977). “Additionally, we do not believe that the words of the statute lend themselves to the construction urged by the plaintiffs.”

Carpenter v. Suffolk Franklin Sav. Bank, 346 N.E.2d 892 (Mass. 1976). “G. L. c. 183, § 20. Each note contained the same clause 1 requiring payment to the holder each month of one-twelfth of the annual real estate taxes as estimated by the holder.”

Maglione v. BancBoston Mortg. Corp., 557 N.E.2d 756 (Mass. App. Ct. 1990). “the principal and interest secured by the mortgage, . . . then the mortgage deed, as also the mortgage note or notes, shall be void.”

Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'n, 437 F. Supp. 1083 (D. Mass. 1977). “Both of the mortgages held by Araserv make reference to the customary “Statutory Condition” set forth in M.G.L. c. 183 § 20, which includes a requirement that the mortgagor, his successors or assigns, “shall pay when due and payable all taxes .”

Papamechail v. Holyoke Mut. Ins. Co., 397 N.E.2d 1153 (Mass. App. Ct. 1979). “The mortgage contained the statutory conditions (G. L. c. 183, § 20) 3 and also included an express condition requiring the plaintiffs to insure the premises for the benefit of Arlington.”

Guleserian v. Fields, 218 N.E.2d 397 (Mass. 1966). “The crucial language of each of the mortgages is that of the statutory mortgage condition found in G.L.c. 183, § 20, set out in the margin, [3] so far as relevant.”

JER SKW Servs., Inc. v. Gold, 689 N.E.2d 856 (Mass. App. Ct. 1998). “Section 17B protects the makers of mortgage notes who have assumed the “statutory obligations,” see G. L. c. 183, § 20 (mortgagors are liable for any unpaid balances due on the mortgage note); it assures them of notice of any foreclosure sale.”

Strong v. Merchants Mut. Ins., 309 N.E.2d 510 (Mass. App. Ct. 1974). “2 That mortgage was also made “upon the STATUTORY CONDITION” (G. L. c. 183, § 20), which includes a similar provision that the mortgagor “shall keep the buildings .”

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