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Massachusetts Agencies

Foreclosure by One of Multiple Mortgagees

Foreclosure

In City of Worcester v. Bennett, 310 Mass. 400, 38 N.E.2d 647 (1941) the court stated that one of two trustees could make an entry under a mortgage, but in coming to this conclusion the court was compelled “to look into the provisions of the mortgage indenture itself” to make this decision. After its analysis the court said, “We must conclude that this form of foreclosure [entry] was within the powers conferred by the instrument upon the individual trustee to be exercised by him alone, if the corporate trustee did not see fit to join him.” This in-depth analysis suggests that without the “rules” set out in the trust, the court would have concluded that both trustees would have to make the entry in concert in order for it to be valid.