"Jonathan Kamens" wrote in message
...
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.

I have two of these Citizen Bank's home equity refis, prior to my last refi
which was with GMAC. When I closed on the traditional GMAC mortgage, the
lawyer who presided over this last refi warned me about the Citizen's home
equity "mortgages" to make sure I received the discharge notes and also to
make sure that "I" went and had them recorded at the registry. He never
indicated that Citizen's was by law supposed to do this, since he told me
it was now my responsibility. Have not done it yet and wish I had now that I
know one, there is a fee ( I should have assumed this, it is MA of course)
and two that the fee went up ( ah yes no new taxes with a Repub gov, but oh
my how the fees have gone up :-)) The mortgage was held by Wells Fargo prior
to the Citizen's refis, and I do believe I received the discharge that was
"recorded" from them. I need to double check now, since I refinanced so many
times it is hard to keep track. So even though I don't have an answer for
your question, thought you would like to hear about my similar experience.

Jackie