No. A discharge of mortgae is proof from the lender that you have paid off the mortgage - it is a release of their ownership of it to you. It must be recorded at your county seat so that an unencumbered titel to the property can be issued to you.
A mortgage grants an interest in the real estate to the lender. Once it is paid in full, a mortgage discharge must be recorded in the land records. A recorded mortgage discharge certifies that the mortgage has been satisfied and releases the interest of the lender in the property and thereby clears the title.
A discharge of mortgage officially recognizes that your loan has been paid off. Once you receive such document, if you get the original, it should be filed with the County/District Registry of Deeds for where the property was located. Only upon recording of the discharge of mortgage will it be officially released. If the discharge is not recorded, any title exam will indicate the mortgage remains outstanding.
The bank must be notified when there is a sale pending. The buyer's attorney will arrange to have the title examined and the mortgage will be disclosed. The mortgage will be paid from the proceeds of the sale and a discharge of the mortgage must be obtained from the bank. The discharge must be recorded in the land records.
The two phrases refer to exactly the same thing. No need to worry, they have the same legal effect.
No. The deed is the legal instrument that evidences ownership of land. A mortgage is an instrument signed by a borrower that grants the lender a security interest in the property under which the lender can take possession of the property if the mortgage note isn't paid.In title theory states a mortgage is sometimes referred to as a mortgage deed because the borrower actually transfers title to the lender. However, the lender's title is conditional. If the note is paid then the lender's interest in the property is released and the lander must record a discharge.
Generally, if you recently paid off a loan, the lender has already charged you the service fees to obtain, draft and/or record the release/discharge of mortgage. On the other hand, if you are dealing with a missing mortgage discharge that has been paid off years ago (perhaps it's not even your mortgage, but remains on title for a prior owner) than you need to get a independ servicer to research your request.
If you are referring to accidentally recording a discharge of mortgage, and you did NOT intend on releasing the mortgage...the solution is to re-record the mortgage with the registry of deeds. If the discharge was properly signed and executed, then it is legally valid and you can not defend it in legal proceedings. Your loan is no longer attached to the properly upon properly releasing the mortgage with a mortgage discharge.
You should have received a mortgage discharge from the mortgagee when the last payment was made. You should check your records. If you didn't receive it then you need to contact them now and request a recordable discharge and then record it immediately in the land records office.
Traditionally the mortgage provider will have the mortgage discharge forms. Contact the home retention department for information and they usually have the information needed.
It appears both documents have the same effect. But if you are referring to having your mortgage discharged, but you did not pay off the loan in full, it may mean that you still have an outstanding debt, but it is no longer secured by your propery (real estate) as its collateral.
If you are the mortgagor, you pay the mortgage off and request a discharge from the record owner of the mortgage if the original mortgage was assigned. The discharge must be recorded in the land records.If you are the mortgagee you can draft a release listing the names of the mortgagors, the date of the mortgage and the recording information and a statement that the mortgage has been satisfied in full. It should be signed by the mortgagees, acknowledged and recorded in the land records. You can also obtain a mortgage discharge at an office supply store, online or visit the land records office and get an example of a recorded mortgage discharge to use as a model.If you are the mortgagor, you pay the mortgage off and request a discharge from the record owner of the mortgage if the original mortgage was assigned. The discharge must be recorded in the land records.If you are the mortgagee you can draft a release listing the names of the mortgagors, the date of the mortgage and the recording information and a statement that the mortgage has been satisfied in full. It should be signed by the mortgagees, acknowledged and recorded in the land records. You can also obtain a mortgage discharge at an office supply store, online or visit the land records office and get an example of a recorded mortgage discharge to use as a model.If you are the mortgagor, you pay the mortgage off and request a discharge from the record owner of the mortgage if the original mortgage was assigned. The discharge must be recorded in the land records.If you are the mortgagee you can draft a release listing the names of the mortgagors, the date of the mortgage and the recording information and a statement that the mortgage has been satisfied in full. It should be signed by the mortgagees, acknowledged and recorded in the land records. You can also obtain a mortgage discharge at an office supply store, online or visit the land records office and get an example of a recorded mortgage discharge to use as a model.If you are the mortgagor, you pay the mortgage off and request a discharge from the record owner of the mortgage if the original mortgage was assigned. The discharge must be recorded in the land records.If you are the mortgagee you can draft a release listing the names of the mortgagors, the date of the mortgage and the recording information and a statement that the mortgage has been satisfied in full. It should be signed by the mortgagees, acknowledged and recorded in the land records. You can also obtain a mortgage discharge at an office supply store, online or visit the land records office and get an example of a recorded mortgage discharge to use as a model.
If the mortgage has been paid and you receive a discharge from the mortgage holder, it must be recorded in the place where deeds are recorded and the filing fee paid there.