Section 75. Within a reasonable time after such property has been attached, or, in the case of property subject to a recorded mortgage or covered by a financing statement filed pursuant to the provisions of chapter one hundred and six, within a reasonable time after written notice of the attachment, the mortgagee, pledgee, lienor, conditional vendor or secured party, or his assigns, may demand payment of the money for which the property is liable, giving a just and true account of the debt or demand for which the property is liable to him, showing clearly the balance thereof, whether then payable or payable thereafter, and accompanying it by a reference to the record of recording of a mortgage or the record of filing of a financing statement. Such demand shall be served, either in hand or by registered mail with a request for a return receipt, upon the attaching creditor, or his attorney, or the attaching officer. If the balance as stated in the account, whether then payable or not, is not paid, or tendered to the mortgagee, pledgee, lienor, conditional vendor or secured party, or his assigns, within ten days after such service, the attachment shall be dissolved and the attaching creditor shall be liable to him for any damage he has sustained by the attachment, and the property shall be restored to the person entitled thereto.
Notes of Decisions
Harvard 45 Assocs., LLC v. Allied Props. & Mortgages, Inc., 952 N.E.2d 411 (Mass. App. Ct. 2011).
· cites it 2× “The defendant further asserts that the plaintiff failed to comply with the requirements of G. L. c. 223, § 75, which obligates an attaching creditor to pay off an outstanding mortgage after demand has been made by the mortgage holder and, therefore, the plaintiff’s right to the…”
Shapiro v. Park Trust Co., 149 N.E. 313 (Mass. 1925).
“G. L. c. 223, § 75. The attachment was then released by the attaching officer.”
Luciano v. Caldarone, 151 N.E. 70 (Mass. 1926).
“Irish, 1 Gray, 254 , and the judge rightly ruled that it was sufficient demand to satisfy the provisions of G. L. c. 223, § 75. The statute expressly provides that if the amount due is not paid or tendered to the mortgagee within ten days after such demand, the attachment shall…”
Costa v. Goldenberg, 154 N.E. 579 (Mass. 1927).
“G. L. c. 223, § 75, Martin v. Bayley, 1 Allen, 381 , Porter v.”
Fender v. Blackmer, 138 N.E. 813 (Mass. 1923).
“I have already taken possession of these goods and have been to expense therefor. I hereby demand of you the amount of said mortgage and interest to date and the expenses of said foreclosure proceedings.”
John Sexton & Co. v. Olde Field Food Prods., Inc., 204 N.E.2d 440 (Mass. 1965).
“He moved that the plaintiff’s attachment of the Stop & Shop funds by trustee process be discharged in accordance with G. L. c. 223, § 75, and the motion was allowed.”
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