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Only the person or lender who owned the mortgage can discharge it.
In Massachusetts, if a mortgage discharge has not been provided by the mortgagee within a reasonable period of time, or when the mortgagee is no longer in business, there is a statutory scheme by which proof of payment in full can be recorded with an affidavit. You should speak to someone at your state attorney general's office or a private attorney if you are having difficulty obtaining a discharge for a paid mortgage.
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Who pays for satisfaction of mortgage?
If the mortgagee (lender) fails to record a satisfaction within the set time limits, the mortgagee may be responsible for damages set out by statute. A Satisfaction of Mortgage is a document signed by a mortgagee acknowledging that a mortgage has been fully paid by the mortgagor and that the mortgage is no longer a lien on the property. In order to clear the title to the real property owned by the mortgagor, the Satisfaction of Mortgage document must be recorded with the County Recorder or Recorder of Deeds.
How does one create a home trust?
You can create a home trust by hiring a lawyer to create the trust agreement. Then you can transfer the mortgage over to the name on the trust while keeping the original document.
Can lenders sue after satisfaction of mortgage?
Read your Satisfaction of Mortgage carefully. The wording and the document used can vary, depending on the lender and the jurisdiction. The satisfaction or discharge of the mortgage should state that the mortgage has been satisfied. In some cases the note is mentioned also. A satisfaction of the mortgage removes the encumbrance of the mortgage from the subject property. If the mortgage was effectively satisfied and was not recorded in error, the lender would have no reason to sue.In some cases where the mortgage is discharged the notemay not be discharged and will remain as indebtedness against the borrower but not as an encumbrance on the real estate.If the satisfaction was recorded in error the bank would need to take the matter before a judge to request a court order to reinstate the mortgage. However, courts do not always help a lender when it has made that kind of mistake. The statute of limitations and rules regarding that type of action vary in different jurisdictions. You need to consult an attorney who is familiar with the laws in your jurisdiction.Also, a problem has developed in the mortgage/foreclosure related industry whereby entities who have no interest in a mortgage are executing bogus discharges for a fee, convincing unsuspecting consumers that the lender's title is insufficient and the lender will need to take the matter to court in order to defend their ownership of the mortgage. Of course, those discharges are worthless.If you are uncertain about your mortgage discharge then you should consult with an attorney who specializes in real estate law in your jurisdiction.
Who records a satisfaction of mortgage?
The same local county/parish Registrar or Recorder who recorded the Deed of Trust will record the satisfaction or reconveyance papers. Your mortgage company is responsible for filing the appropriate documentation.
What happens to your mortgage payments and paper work?
Your payments go to the entity that owns the mortgage. The mortgage document is recorded in the land records. The lender keeps the note until the mortgage is paid. In some states such as Connecticut, the note is recorded as well. The mortgagor is given a copy of all the document associated with the mortgage.Your payments go to the entity that owns the mortgage. The mortgage document is recorded in the land records. The lender keeps the note until the mortgage is paid. In some states such as Connecticut, the note is recorded as well. The mortgagor is given a copy of all the document associated with the mortgage.Your payments go to the entity that owns the mortgage. The mortgage document is recorded in the land records. The lender keeps the note until the mortgage is paid. In some states such as Connecticut, the note is recorded as well. The mortgagor is given a copy of all the document associated with the mortgage.Your payments go to the entity that owns the mortgage. The mortgage document is recorded in the land records. The lender keeps the note until the mortgage is paid. In some states such as Connecticut, the note is recorded as well. The mortgagor is given a copy of all the document associated with the mortgage.
Is the lender required to sign the satisfaction of mortgage before they get the money?
Of course!
How do I create an effective satisfaction survey for customers?
You can create a satisfaction survey on the following site: http://www.esurveyspro.com/article-customer-satisfaction-surveys.aspx. It is a great tool.
Can I file a satisfaction of mortgage at any branch of the registry of deeds?
There are different systems of land records. Some are filed by town and some by county. You must be sure to file the mortgage release in the same registry district where the mortgage was filed. For example, if your mortgage was filed in Franklin County, Massachusetts, the satisfaction must be filed in Franklin County.
Regarding a short sale what does satisfaction of mortgage mean?
Satisfies the debt.ClarificationIf you are selling your real property by a short sale, you must discuss the satisfaction of the mortgage with the bank. In some situations the lender can go after you to collect any deficiency, even months after the sale. To avoid that problem you should make certain the bank records a mortgage discharge that includes a statement that the discharge is in FULL SATISFACTION of the mortgage. You should consult with an attorney who will help to protect your interests in the transaction.
Why would you create a document workspace from within an open document?
to quickly create a workspace with the document anme and place the document in the workspace.
Is a mortgage valid if a notary never saw us sign it but just notarized the documents the next day when we gave it to him?
As far as the lender is concerned the mortgage document is legal. If your signatures are on that document, you have assumed responsibility for the mortgage. If you are contesting the validity of the document because of the notary's action, I don't think it will fly unless you want to claim that the signatures are not yours. And you don't want to do that. As long as you have willingly signed, the mortgage document will be good.
What is difference between Satisfaction of Mortgage and discharge of mortgage?
The two phrases refer to exactly the same thing. No need to worry, they have the same legal effect.
