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Massachusetts Agencies

Foreign Fiduciary: Mortgages


A foreign administrator or executor cannot foreclose before taking out ancillary administration, Miller & Sons, Ltd. v. Blinn, 219 Mass. 266, 106 N.E. 985, but such a fiduciary can discharge a mortgage without such proceedings being commenced, since the discharge would be the mere receipt of funds paid voluntarily to him, see Crocker's Notes on Common Forms, Little, Brown & Company (Seventh Edition, 1955), §548 and the cases cited.

It had been held in Cutter v. Davenport, 18 Mass. 81 (1822) that an administrator could not, by virtue of letters granted in another state, assign a mortgage of land situated in the commonwealth.