Section 32. If property which is taken in whole or in part by eminent domain or receives injury, for which damages are recoverable under this chapter, is mortgaged, both the mortgagor and the mortgagee, in addition to their rights under the mortgage, shall have the same powers, rights and privileges, and be subject to the same liabilities and duties, as are provided in this chapter for owners of property so taken or injured, and all petitions for the award or assessment of such damages shall state all mortgages which are known by the petitioner to exist upon the property. Mortgagors and mortgagees may join in any such petition, or become parties to any proceedings for the award or assessment of damages under this chapter, and, if the petition is filed by a mortgagor or mortgagee of property taken or injured, the tribunal to which it is presented shall order the petitioner to give notice thereof to all other mortgagors or mortgagees of the same property by serving on each of them, fourteen days at least before the time of hearing, an attested copy thereof and of the order thereon, that they may become parties to the proceedings.
Notes of Decisions
Collins v. Town of Webster, 522 N.E.2d 12 (Mass. App. Ct. 1988).
“The judgment for Smoolca is to be satisfied before any amount is paid to Mr.”
Collector of Taxes v. Revere Bldg., Inc., 177 N.E. 577 (Mass. 1931).
“It is provided by G. L. c. 79, §§ 32, 33, that when property subject to a mortgage is taken by eminent domain the mortgagee may become a party to proceedings to assess compensation therefor and that a separate judgment is to be entered for such mortgagee for the satisfaction of…”
Gerokoulis v. Cohen, 162 N.E.2d 777 (Mass. 1959).
“Early in 1956 this mortgagee brought action against the city, under G. L. c. 79, § 32, to obtain compensation for the taking of his interests, and in the following May the defendant brought action under § 14 in behalf of the plaintiffs for the taking of the fee.”
Pieper v. Town of Framingham, 194 N.E.2d 699 (Mass. 1963).
“On November 3, 1960, First Federal Savings and Loan Association of Boston (Federal), mortgagee of the land taken, having received notice under G. L. c. 79, § 32, answered. Neither Pieper nor his attorney was present when the petition was reached for trial, and counsel for…”
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