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kissme126
 
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Default Is mortgage lender required to record release?


"Jonathan Kamens" wrote in message
...
I refinanced the mortgage on my Massachusetts house in August
2002. I never received a recorded mortgage discharge from the
previous mortgage lender. I contacted them last month to ask
why, and a few weeks later, they sent me a notarized discharge
which had *not* been recorded at the registry of deeds.

I'm under the impression that the mortgage lender is required
to record the discharge at the registry of deeds (as opposed
to making me do it). Can anyone confirm whether that is true?
I don't want to make a fuss with them and demand that they do
it without some confidence that they are, in fact, required to
do so.

I care about this because if I have to do it myself, I'll have
to miss a day of work to go stand in line all day, or pay a
lawyer to do it for me, and also pay the fee associated with
recording the discharge. It's also worth noting that the fee
for recording a mortgage discharge has gone up form $30 to $75
since I refinanced, so if I end up having to do this myself,
the lender's delay will cost me an extra $45.


Most of the time, a release or discharge is sent to the recorders office,
but in some states it is sent to a trustee or to the homeowner.

Have you checked to see if it was sent to the recorders office and recorded
already?

They should have sent you a copy if they did, but this does not always
happen. They can give you a copy if it is recorded.

If you received a discharge from the previous mortgage company that is not
recorded, they should have sent a check with it. Is it possible that there
is no recording fee where you live?