Massachusetts General Laws
Mass. Gen. Laws ch. 244, § 36 (2026)
Excess received by mortgagee; recovery
✓ current as of July 2026
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Section 36. If a mortgagee or person claiming or holding under him receives from rents and profits of the land, or upon a tender made to him, or in any other manner, more than is due on the mortgage, and no suit for redemption is brought against him, the mortgagor or other person entitled to such excess may recover it in a civil action.
Notes of Decisions
Cited in 5
cases, 1961–2015 · leading case: Atl. Sav. Bank v. Metro. Bank & Trust Co., 400 N.E.2d 1290 (Mass. App. Ct. 1980).
Atl. Sav. Bank v. Metro. Bank & Trust Co., 400 N.E.2d 1290 (Mass. App. Ct. 1980). “2 The action was one for interpleader pursuant to G. L. c. 244, § 36, as appearing in St. 1973, c.”
Murphy v. Wachovia Bank of Delaware, N.A., 36 N.E.3d 48 (Mass. App. Ct. 2015). “See G. L. c. 244, § 36, authorizing *16 a mortgagor to bring a civil action to recover surplus funds.”
City of Boston v. Gordon, 175 N.E.2d 377 (Mass. 1961). “If the mortgagee is not satisfied, he may recover any deficiency, although under G. L. c. 244, § 36, the foreclosure is thereby reopened.”
Murphy v. Wachovia Bank of Delaware, N.A., 29 Mass. L. Rptr. 537 (Mass. Super. Ct. 2012). “Murphy, through Nigel Thorpe’s original complaint, alleges a violation of G.L.c. 244, §36 (Count I), a violation of G.”
Bobrowski v. Reliance Coop. Bank, 43 Mass. App. Dec. 107 (Mass. Dist. Ct., App. Div. 1969). “It is provided in G.L. c. 244, § 36 that if a mortgagee receives in any manner more than is due on the mortgage, “the mortgagor or other person entitled to such excess may recover it in an action of contract” (italics supplied).”
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