Massachusetts General Laws

Mass. Gen. Laws ch. 241, § 28 (2026)

Mortgagee, etc., of co-tenant

✓ current as of July 2026

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Section 28. A person having a mortgage, attachment or other lien on the share of a co-tenant shall be concluded by the decree, so far as it relates to the partition and the assignment of the shares; but his lien shall remain in full force upon the part assigned to or left for such co-tenant, or, in the event of a sale, upon the share of such part owner in the proceeds, and may be enforced in the manner provided in section nineteen.

Notes of Decisions

Cited in 2 cases, 1921–1992 · leading case: Delta Materials Corp. v. Bagdon, 599 N.E.2d 250 (Mass. App. Ct. 1992).

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Delta Materials Corp. v. Bagdon, 599 N.E.2d 250 (Mass. App. Ct. 1992). · cites it 2× “Moreover, G. L. c. 241, § 28, provides that while a person having a mortgage on the share of a cotenant is “concluded by the decree, so far as it relates to the partition and the assignment of the shares .”

Moseley v. Moseley, 132 N.E. 417 (Mass. 1921). “279, § 30, now G. L. c. 241, § 28, “ a person having a mortgage, attachment or other lien on the share of a co-tenant shall be concluded by the decree, so far as it relates to the partition and the assignment of the shares; but his lien shall remain in full force upon the part…”

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