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Jonathan Kamens
 
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Default MA: Is mortgage lender required to record release?

writes:
Generally, it is done by the lawyers who conducted the recent refi. Give
them a call. Talk to the appropriate paralegal.


It's not that simple -- the refinance was from a mortgage into
a Citizens Bank home equity loan, so I never actually saw any
lawyers -- all I saw was the loan officer.

I suppose I could call the loan officer and ask her if she
wants to take care of getting it recorded, considering that
until she does, Citizens Bank won't be able to record
themselves as the primary lien on the property, so it's in
her best interest to get it done.

All this notwithstanding, the issue of who "generally" does it
is separate from the issue of whether the prior lender has a
legal obligation to record the discharge. It would seem
strange for there to be no such obligation, because that would
mean that a lender is allowed to record a lien against your
property whether you want them to or not and is then under no
obligation to record that that lien has been discharged.