Section 60. Whenever any note made to finance or refinance the purchase of and secured by a first lien on a dwelling house in the commonwealth of four or fewer separate households occupied or to be occupied in whole or in part by the mortgagor provides for installment payments of principal or interest or both that will not amortize the outstanding principal amount in full by the maturity of such note and the term of the mortgage securing the note is for a period longer than such note, such note and its disposition at maturity shall be subject to automatic renewal or extension of the note at the option of the mortgagor and such conditions and restrictions imposed by the commissioner. Such conditions and restrictions shall include, but not be limited to, the following: the minimum term of the note; the method by which the rate of interest on a renewed or extended note may be assigned; the maximum increase in the rate of interest at renewal or extension of note; provisions for decreases in the rate of interest at renewal or extension of the note as may be warranted by market conditions; requirements for advance notification and explanation of adjustment of the rate of interest in connection with renewing or extending the note, provided that such notification and explanation shall occur no less than thirty days prior to the rate adjustment.
Notwithstanding any provision of law to the contrary, the commissioner may, by further conditions and restrictions, provide that the rate of amortization may be varied, including utilizing a period of negative amortization, in order to adjust the rate of interest.
The provisions of this section shall apply to a note evidencing a loan given for personal, family or household purposes.
The provisions of this section shall not apply to such transaction entered into by a person, partnership, association, trust or corporation making five or less mortgage loans in a calendar year; provided, however, that in computing the number of mortgage loans there shall be counted in the loans of more than one partnership, association, trust or corporation, the majority interest of which are owned or controlled directly or indirectly by the same person or persons, partnerships, associations, trusts or corporations and including in the loans of a partnership, trust or company not incorporated the loans of the several members thereof; provided, further, that a note exempted by the provisions of this paragraph shall contain the following statement appearing conspicuously therein: THIS NOTE IS A CONTRACT FOR A SHORT–TERM LOAN. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST WHEN DUE. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS YOU MAY OWN, OR WILL HAVE TO FIND A LENDER WILLING TO LEND YOU THE MONEY AT PREVAILING MARKET RATES, WHICH MAY BE CONSIDERABLY HIGHER THAN THE INTEREST RATE ON THIS LOAN. The provisions of this paragraph shall not be construed as imposing any requirements for finance charge disclosure as may otherwise be required by chapter one hundred and forty D.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 183 - Alienation of Land
Section 1 - Acts or Ceremonies Necessary for Conveyance by Deed
Section 1a - Instruments Not Under Seal
Section 2 - Estate Conveyed by Quitclaim Deed
Section 3 - Estate Created Without Instrument in Writing
Section 5 - Recording of Instruments; Evidence of Delivery
Section 5a - Recording of Statements Relating to Title; Use as Evidence
Section 5b - Affidavits Relating to Title; Recording
Section 6 - Name and Address of Grantee; Recital of Consideration; Failure to Comply
Section 6b - Address of Property Affected
Section 6c - Residence and Address of Mortgagee or Assignee
Section 8 - Statutory Forms; Alteration or Substitution; ''incorporation by Reference'' Defined
Section 9 - Rules and Definitions Relating to Deeds or Other Instruments
Section 12 - ''grant'' as Word of Conveyance
Section 13 - Words of Inheritance
Section 15 - Easements, Privileges and Appurtenances Belonging to Granted Estate
Section 16 - ''warranty Covenants''
Section 17 - ''quitclaim Covenants'' or ''limited Covenants''
Section 19 - ''mortgage Covenants''
Section 20 - ''statutory Condition'' in Mortgages
Section 21 - ''statutory Power of Sale'' in Mortgage
Section 22 - Co-Operative Bank Mortgage
Section 23 - ''statutory Co-Operative Bank Mortgage Condition''
Section 24 - ''statutory Co-Operative Bank Power of Sale''
Section 25 - Purchase by Holder of Mortgage at Foreclosure Sale
Section 26 - Possessory Interest of Mortgagor
Section 27 - Disposition of Proceeds of Foreclosure Sale; Itemized Accounting Provided to Mortgagor
Section 28 - Assignment of Mortgage; Words of Transfer
Section 28a - Subsequent Loans From Mortgagee; Priority
Section 28b - Open-End Mortgage; Subsequent Loans From Mortgagee
Section 28c - Refinancing in the Borrower's Interest
Section 29 - Necessity of Acknowledgment of Deed; Recordation
Section 30 - Method of Making Acknowledgment
Section 31 - Acknowledgment of Married Woman
Section 32 - Letters of Attorney; Applicability of Law
Section 33 - Certificates of Authority
Section 34 - Proof of Execution of Deed by Testimony of Subscribing Witness
Section 35 - Proof of Execution by Proving Handwriting
Section 37 - Refusal of Grantor to Acknowledge; Proof of Execution by Proving Handwriting
Section 38 - Recording of Unacknowledged Deed; Effect
Section 39 - Proof of Execution of Deed; Necessity of Subscribing Witness
Section 40 - Certificate of Proof of Execution
Section 41 - Proof of Deed Made Outside Commonwealth
Section 42 - Forms for Acknowledgments and Certificates of Authority
Section 43 - Vesting of Title or Interest by Operation of Decree in Equity
Section 44 - Effect of Recording or Registration of Copy of Decree
Section 45 - Conveyance in Fee by Person Seized as Tenant in Tail
Section 46 - Conveyance in Fee by Life Tenant and Vested Remainderman in Tail
Section 47 - Barring of Equitable Estates Tail
Section 48 - Conveyance of Equitable Fee; Entitlement to Conveyance of Outstanding Legal Estate
Section 49 - Sale and Conveyance or Mortgage by Trustee Appointed by Probate Court
Section 50 - Notice of Petition to Appoint Trustee; Appointment of Next Friend
Section 51 - Bond of Trustee; Proceeds of Sale or Mortgage
Section 52 - Sale of Land Charged With Payment of Money; Petition; Decree; Bond of Trustee
Section 53 - Effect of Deed, Bond or Other Instrument Made in Defeasance
Section 54 - Definitions Applicable to Secs. 54 to 55; Method of Discharge of Mortgage
Section 54a - Defective Discharges of Mortgages Held by Entirety; Effect
Section 56 - Mortgage Notes; Provisions for Prepayment
Section 57 - Home Mortgage Notes; Prepayment Penalty; Effect of Taking by Eminent Domain
Section 58 - Real Estate Abutting a Way, Watercourse, Wall, Fence, or Other Monument
Section 59 - Late Charges or Penalties
Section 61 - Payment of Interest by Mortgagee; Request for Exemption
Section 62 - Payment of Taxes to City or Town by Mortgagee; Due Date
Section 63 - Loan Fees; Residential Property Mortgages; Disclosure
Section 63a - Revisions in Mortgage Terms; Restrictions; Fees
Section 64 - Discrimination in Residential Mortgage Loans on Basis of Location of Property
Section 65 - Acceptance of Written Memorandum as Evidence of Insurance
Section 66 - Required Insurance; Limitation
Section 67 - Reverse Mortgage Loans on Residential Property; Requirements
Section 69 - Flood Insurance; Limits on Amount of Coverage Required to Be Purchased