Section 79. Personal property upon which a mortgage or lien is claimed, or which is claimed to have been sold under a contract of conditional sale reserving title in the vendor, may be attached as if unencumbered; and the mortgagee, pledgee, lienor or conditional vendor, or his assigns, may be summoned in the same action in which the property is attached as the trustee of the mortgagor, pledgor, lienee or conditional vendee, or his assigns, to answer such questions as may be put to him by the court or by its order relative to the consideration of the alleged mortgage, pledge, lien or contract of conditional sale, and the amount due thereon.

Terms Used In Massachusetts General Laws ch. 223 sec. 79

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Personal property: All property that is not real property.
  • Trustee: A person or institution holding and administering property in trust.
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