The assurance fund shall not be liable for any loss, damage or deprivation occasioned by a breach of trust, whether express, implied or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage, nor shall any plaintiff recover in contract as compensation under this chapter more than the fair market value of the land at the time when he suffered the loss, damage or deprivation thereof.
Massachusetts Legal Code