Massachusetts Agencies

Removal of Improvements from Mortgaged Premises


This was said in W. & R. Investment v. Edwards Supply, 304 Mass. 650, 24 N.E.2d 518 (1939):

In this Commonwealth a mortgagee of real estate, at least before foreclosure, has a right of action against the mortgagor or any other person who, without license, express or implied, removes any part of the mortgaged property. Page v. Robinson, 10 Cush. 99, 103. Cole v. Stewart, 1 Cush. 181.Gooding v. Shea, 103 Mass. 360. See Woodruff v. Halsey, 8 Pick. 333; Menard v. Courchaine, 278 Mass. 7, 11. (Emphasis added.)