Mortgage foreclosure surplus
Mass. Gen. Laws ch. 244, § 36 allows a mortgagor or other entitled person to recover excess received by the mortgagee in a civil action, absent a redemption suit. Chapter 244 governs foreclosure, and § 36 sets no special filing period for the excess-proceeds civil action. Applicable civil limitations and the facts of receipt must be assessed. A right to cure default or redeem property is separate.
