Section 12F. As used in this section the following words shall, unless the context requires otherwise, have the following meanings:
''Organization,'' a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.
''Person related to,'' with respect to an individual means (a) the spouse of the individual, (b) a brother, brother-in-law, sister, or sister-in-law of the individual, (c) an ancestor or lineal descendant of the individual or his spouse, and (d) any other relative, by blood or marriage, of the individual or his spouse who shares the same home with the individual.
''Person related to,'' with respect to an organization means (a) a person directly or indirectly controlling, controlled by or under common control with the organization, (b) an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization, (c) the spouse of a person related to the organization, and (d) a relative by blood or marriage of a person related to the organization who shares the same home with him.
A creditor in consumer loan transactions shall be subject to all of the defenses of the borrower arising from the consumer sale or lease for which the proceeds of the loan are used, if the creditor knowingly participated in or was directly connected with the consumer sale or lease transaction.
Without limiting the scope of the preceding paragraph, a creditor shall be deemed to have knowingly participated in or to have been directly connected with a consumer sale or lease transaction if: (a) he was a person related to the seller or lessor; (b) the seller or lessor prepared documents used in connection with the loan; (c) the creditor supplied forms to the seller or lessor which were used by the consumer in obtaining the loan; (d) the creditor was specifically recommended by the seller or lessor to the borrower and made two or more loans in any calendar year, the proceeds of which are used in transactions with the same seller or lessor, or with a person related to the same seller or lessor; or (e) the creditor was the issuer of a credit card which may be used by the consumer in the sale or lease transaction as a result of a prior agreement between the issuer and the seller or lessor.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title IV - Certain Writs and Proceedings in Special Cases
Chapter 255 - Mortgages, Conditional Sales and Pledges of Personal Property, and Liens Thereon
Section 12c - Consumer Note; Non-Negotiability; Violations; Penalty; Construction of Section
Section 12f - Creditors in Consumer Loan Transactions; Defenses of Borrower
Section 12h - Definitions; Delinquency or Late Charge; Annual Fee
Section 13l - Prepayment; Refund of Charges
Section 14 - General Provisions
Section 14a - Storage and Incidental Expenses
Section 15 - Statement; Effect of Filing; Fees
Section 16 - Inaccuracies of Description; Effect on Lien
Section 17 - Enforcement; Procedure
Section 20 - Proceeds of Sale; Distribution
Section 21 - Payment by Owner of Vessel
Section 22 - Foreign Vessels; Effect of This Chapter
Section 24 - Domestic Animals; Care and Custody
Section 25a - Manufactured Housing Communities Operators
Section 31 - Effects of Secs. 24 to 29
Section 31a - Spinners and Others; Work and Materials
Section 31b - Spinners and Others; Enforcement
Section 31d - Articles of Clothing or Household Goods; Cleaning or Storing
Section 31e - Aircraft Facilities; Aircraft Repairs; Filing of Lien
Section 31f - Paintings, Photographs and Other Personal Property
Section 32 - Dissolution of Liens on Personalty; Manner
Section 33 - Dissolution of Liens on Personalty; Procedure
Section 34 - Termination of Certain Liens of Bailees
Section 35 - Priority Between Certain Liens
Section 36 - Recovery of Personalty Held Under Lien