Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 26 (2026)

Possessory interest of mortgagor

✓ current as of July 2026

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Section 26. Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold and enjoy the mortgaged premises and receive the rents and profits thereof, unless otherwise stated in the mortgage.

Notes of Decisions

Cited in 7 cases, 1977–2017 · leading case: In Re Prichard Plaza Assocs. Ltd. P'ship, 84 B.R. 289 (Bankr. D. Mass. 1988).

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In Re Prichard Plaza Assocs. Ltd. P'ship, 84 B.R. 289 (Bankr. D. Mass. 1988). · cites it 3× “Mass.Gen.L. ch. 183, § 26 provides: Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold and enjoy the mortgaged premises and receive the rents and profits thereof, unless otherwise stated…”

Galvin v. U.S. Bank, N.A., 852 F.3d 146 (1st Cir. 2017). “1988) (addressing whether foreclosing bank had the right to collect rents while out of possession); Mass. Gen. Laws ch. 183, § 26 (“Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor .”

Araserv, Inc. v. Bay State Harness Horse Racing & Breeding Ass'n, 437 F. Supp. 1083 (D. Mass. 1977). · cites it 2× “M. G.L. c. 183 § 26. However, M.G.L. c. 244 § 1 provides that: Foreclosure by entry or action; continued possession.”

Lyons v. Fed. Sav. Bank (In Re Lyons), 193 B.R. 637 (Bankr. D. Mass. 1996). “The Bank also points to M.G.L. c. 183 § 26, which provides: Until default in the performance or observance of the condition of a mortgage of real estate, the mortgagor and his heirs and assigns may hold and enjoy the mortgaged premises and receive the rents and profits thereof,…”

In Re Milford Common J v. Trust, 117 B.R. 15 (Bankr. D. Mass. 1990). “[[Image here]] The language in M.G.L. c. 183 § 26 does not deal with the actual entry or the procedure by which the mortgagee takes possession.”

Commonwealth Fed. Sav. & Loan Ass'n v. Inhabitants of the Town, 2 Mass. Supp. 850 (Mass. App. Ct. 1981). “272 (1942); G.L. c. 183, §26. Upon default of the mortgage conditions, a mortgagee pursuant to G.”

Commonwealth Fed. Sav. & Loan Ass'n v. Inhabitants of the Town of Shrewsbury, 1981 Mass. App. Div. 228 (Mass. Dist. Ct., App. Div. 1981). “G.L.c. 183, § 26. Upon default of the mortgage conditions, a mortgagee pursuant to G.”

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