If the court finds that the property is held for any purpose other than to secure the payment of money and that the contract, condition or other thing to be performed is such that it can be performed by the attaching creditor without damage to the other parties, it may make an order for the performance thereof by him. Upon such performance, or upon a tender, the trustee shall deliver the property, in the manner before provided, to the officer holding the execution.
Mass. Gen. Laws ch. 246, § 61