Section 40. If the state treasurer and the person applying to redeem the mortgage do not agree upon the amount due, the person so applying may bring in the supreme judicial or the superior court, for the county of Suffolk, civil action against the commonwealth for the redemption. The process shall be served on the state treasurer, who shall appear and answer in behalf of the commonwealth; and like proceedings shall be had and like judgment rendered as in case of other mortgagees, except that the state treasurer shall accept any payment due the commonwealth, and upon receipt thereof, or upon performance of such other condition as the court orders, shall discharge the mortgage in like manner as when the debt is paid without suit.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title III - Remedies Relating to Real Property
Chapter 244 - Foreclosure and Redemption of Mortgages
Section 1 - Foreclosure by Entry or Action; Continued Possession
Section 2 - Entry Without Judgment; Memorandum or Certificate; Recording
Section 3 - Declaration by Mortgagees; Conditional Judgment
Section 5 - Form of Conditional Judgments Generally
Section 6 - Form in Special Cases
Section 7 - Discharge or Release on Satisfaction of Execution
Section 8 - Form of Action; Parties
Section 9 - Right of Entry Before Breach
Section 10 - Foreclosure and Redemption Where Entry Made Before Breach
Section 11 - Mortgages Containing Power of Sale; Court Order for Sale
Section 12 - Procedure After Sale
Section 13 - Necessary Parties
Section 14 - Oreclosure Under Power of Sale; Procedure; Notice; Form
Section 15 - Copy of Notice; Affidavit; Recording; Evidence; Effect of Legal Challenges
Section 15a - Mortgagee Taking Possession or Conveying Title; Notice
Section 17 - Conveyance by Mortgagor; Effect
Section 17a - Limitation of Actions
Section 17b - Notice of Intention to Foreclose; Necessity; Form; Notice and Affidavit
Section 17c - Waiver of Provisions of Secs. 17a and 17b; Validity
Section 18 - Persons Authorized to Redeem
Section 19 - Tender of Payment or Performance
Section 21 - Time for Tender; Suit for Redemption
Section 22 - Suit Without Previous Tender
Section 23 - Amounts Not in Dispute; Order for Payment
Section 27 - Judgment of Possession
Section 29 - Execution for Possession
Section 30 - Judgment and Execution for Balance
Section 31 - Distribution of Money Tendered and Paid Into Court
Section 33 - Survival of Right of Redemption
Section 34 - Tender to Guardian or Conservator
Section 35 - Opening Foreclosure; Right of Redemption
Section 35c - Creditor Actions in Violation of Chapter
Section 36 - Excess Received by Mortgagee; Recovery
Section 37 - Discharge of Mortgages Held by Commonwealth
Section 39 - Redemption Generally
Section 40 - Action for Redemption; Jurisdiction; Process; Payments; Discharge
Section 41 - Inspection of Property for Presence of Abandoned Animals