Dukes County Mortgage Deed and Promissory Note Form (Massachusetts)

The following Massachusetts and Dukes County supplemental forms are included as a courtesy with your order:

When using these Mortgage Deed and Promissory Note forms, the subject real estate must be physically located in Dukes County. The executed documents should then be recorded in one of the following offices:

Local jurisdictions located in Dukes County include:

• Chilmark
• Cuttyhunk
• Edgartown
• Menemsha
• Oak Bluffs
• Vineyard Haven
• West Chop
• West Tisbury

Use this form for financing real property- residential, rental units, condominiums, vacant land, small commercial and planned unit developments. A mortgage deed has full force and effect when it includes:
''Mortgage covenants''
(In a conveyance of real estate the words ''mortgage covenants'' shall have the full force, meaning and effect of the following words, and shall be applied and construed accordingly: ''The mortgagor, for himself, his heirs, executors, administrators and successors, covenants with the mortgagee and his heirs, successors and assigns, that he is lawfully seized in fee simple of the granted premises; that they are free from all encumbrances; that the mortgagor has good right to sell and convey the same; and that he will, and his heirs, executors, administrators and successors shall, warrant and defend the same to the mortgagee and his heirs, successors and assigns forever against the lawful claims and demands of all persons; and that the mortgagor and his heirs, successors or assigns, in case a sale shall be made under the power of sale, will, upon request, execute, acknowledge and deliver to the purchaser or purchasers a deed or deeds of release confirming such sale; and that the mortgagee and his heirs, executors, administrators, successors and assigns are appointed and constituted the attorney or attorneys irrevocable of the said mortgagor to execute and deliver to the said purchaser a full transfer of all policies of insurance on the buildings upon the land covered by the mortgage at the time of such sale''.) (General Laws Part II Title I Chapter 183, Section 19)

(CONDITION.)
(Provided, nevertheless, except as otherwise specifically stated in the mortgage, that if the mortgagor, or his heirs, executors, administrators, successors or assigns shall pay unto the mortgagee or his executors, administrators or assigns the principal and interest secured by the mortgage, and shall perform any obligation secured at the time provided in the note, mortgage or other instrument or any extension thereof, and shall perform the condition of any prior mortgage, and until such payment and performance shall pay when due and payable all taxes, charges and assessments to whomsoever and whenever laid or assessed, whether on the mortgaged premises or on any interest therein or on the debt or obligation secured thereby; shall keep the buildings on said premises insured against fire in a sum not less than the amount secured by the mortgage or as otherwise provided therein for insurance for the benefit of the mortgagee and his executors, administrators and assigns, in such form and at such insurance offices as they shall approve, and, at least two days before the expiration of any policy on said premises, shall deliver to him or them a new and sufficient policy to take the place of the one so expiring, and shall not commit or suffer any strip or waste of the mortgaged premises or any breach of any covenant contained in the mortgage or in any prior mortgage, then the mortgage deed, as also the mortgage note or notes, shall be void.) (General Laws Part II Title I Chapter 183, Section 20)

(POWER.)
(But upon any default in the performance or observance of the foregoing or other condition, the mortgagee or his executors, administrators, successors or assigns may sell the mortgaged premises or such portion thereof as may remain subject to the mortgage in case of any partial release thereof, either as a whole or in parcels, together with all improvements that may be thereon, by public auction on or near the premises then subject to the mortgage, or, if more than one parcel is then subject thereto, on or near one of said parcels, or at such place as may be designated for that purpose in the mortgage, first complying with the terms of the mortgage and with the statutes relating to the foreclosure of mortgages by the exercise of a power of sale, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar the mortgagor and all persons claiming under him from all right and interest in the mortgaged premises, whether at law or in equity.) (General Laws Part II Title I Chapter 183, Section 21)

A mortgage deed with statutory power of sale and a promissory note with stringent default terms can be beneficial to the lender.

(Massachusetts Mortgage Package includes forms, guidelines, and completed examples) For use in Massachusetts only.

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