Section 38. If the condition of such mortgage is not duly performed, the state treasurer may cause an entry for breach of condition to be made in the name and behalf of the commonwealth by himself or a person whom he appoints, or he may bring an action in the name of the commonwealth to recover possession of the land mortgaged; and possession obtained by entry or by action shall have the same effect in foreclosing the right of redemption as a similar possession by any other mortgagee.