sec.40Power to purchase equity of redemption in lieu of foreclosure

### sec.40 Power to purchase equity of redemption in lieu of foreclosure A trustee may, in lieu of proceeding to foreclosure, purchase the equity of redemption of land the subject of a mortgage held by the trustee under which default has been made where the moneys expended in that purchase are subject to the same trusts as the mortgage debt; but in no case shall the moneys paid by way of consideration for such purchase exceed 5% of the amount due under the mortgage.