Massachusetts General Laws

Mass. Gen. Laws ch. 183, § 28A (2026)

Subsequent loans from mortgagee; priority

✓ current as of July 2026

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Section 28A. Any sum or sums which shall be loaned by the mortgagee to the mortgagor at any time after the recording of any mortgage of real estate, to be expended for paying for repairs, improvements, lead paint removal or replacements to, fuel for, or for taxes or other municipal liens, charges or assessments or condominium common expense assessment, including legal fees on, the mortgaged premises, shall be equally secured with and have the same priority as the original indebtedness, to the extent that the aggregate amount outstanding at any one time when added to the balance due on the original indebtedness, shall not exceed the amount originally secured by the mortgage. The provisions of this section shall apply to all forms of mortgages on real estate.

No action under this section shall affect the rights of the holder of any encumbrance which is subject to that of the mortgagee granting the accommodation for the purpose of paying for repairs or replacements to, or for taxes or other municipal liens, charges or assessments on, the mortgaged premises, and recorded prior to September first, nineteen hundred and forty-six, unless his written assent shall be obtained, nor shall any such action affect the rights of an original borrower unless his written assent shall be obtained. In cases where the accommodation is for the purpose of making improvements to the mortgaged premises no action hereunder shall affect the rights of the holder of any encumbrance which is subject to that of the mortgagee granting said accommodation and recorded prior to September first, nineteen hundred and fifty-six, unless his written assent shall be obtained, nor shall any such action affect the rights of an original borrower unless his written assent shall be obtained.

Notes of Decisions

Cited in 7 cases, 1970–1997 · leading case: Shane v. Winter Hill Fed. Sav. & Loan Ass'n, 492 N.E.2d 92 (Mass. 1986).

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Shane v. Winter Hill Fed. Sav. & Loan Ass'n, 492 N.E.2d 92 (Mass. 1986). · cites it 2× “"[The defendant] does further agree that it will make no future advances under the aforesaid note and mortgage, to the mortgagee [ sic ] or his successors in title other than those permitted pursuant to the provisions of [G.L.c. 183, § 28A], which advances are made for the…”

Fin. Acceptance Corp. v. Garvey, 380 N.E.2d 1332 (Mass. App. Ct. 1978). “The plaintiff’s argument that the intent of G. L. c. 183, § 28A, is to limit the amount which can be advanced by the mortgagee after the recording of the mortgage is inapposite.”

In Re Moran, 163 B.R. 11 (Bankr. D. Mass. 1994). · cites it 2× “Finally, the court rejected the second mortgagee’s reliance upon Mass.Gen.Laws ch. 183, § 28A, ruling that “[i]n so far as this statute limits the amount of indebtedness which is secured under a mortgage, it deals only with loans to the mortgagor which might otherwise not be…”

Holt v. Fed. Deposit Ins., 216 B.R. 71 (D. Mass. 1997). “The New Bank of New England and the Holts thus executed an open-ended mortgage which secures future advances up to the amount of the mortgage.”

Shane v. Winter Hill Fed. Sav. & Loan Ass'n, 397 Mass. 479 (Mass. 1986). · cites it 2× ““[The defendant] does further agree that it will make no future advances under the aforesaid note and mortgage, to the mortgagee [sic] or his successors in title other than those permitted pursuant to the provisions of [G. L. c. 183, § 28A], which advances are made for the…”

Guar. Bank & Trust Co. v. Winchendon Sav. Bank, 1981 Mass. App. Div. 101 (Mass. Dist. Ct., App. Div. 1981). “Regardless of such fact, the provisions of G. L. c. 183, §28A, the so-called flexible mortgage statute, effectually adds an open end clause to all real estate mortgages for loans to the mortgagor by the mortgagee.”

Constantinos v. Springfield Inst. for Sav., 44 Mass. App. Dec. 172 (Mass. Dist. Ct., App. Div. 1970). “The plaintiff argues that G.L. c. 183, § 28A * limits the amount to be loaned by the bank, but the court in the Bennett case, at p.”

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