On Thu, 05 Feb 2004 18:53:13 -0600, someone wrote:

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

Can't say there but in Texas all they have to do is provide you with
the notorized form and you file it yourself on your own dime.

Coincidentally - The Feb. 2, 2004 issue of Mass. Lawyers Weekly (which
I just today got around to looking at) contained an insert from the
Real Estate Bar Assoc. for MA. The lead article was "Missing
Discharges and Assignment of Mortgage".

Seems this is known as the issues that vexes closing lawyers the most.
There was a rundown of other states' laws, including FL which makes it
an actual CRIME (misdemeanor) to not execute & RECORD within 60 days,
but this is the most draconian of all the states. Some others have a
recording requirement plus monetary sanctions, in SC $25k or half the
debt whichever is less. More typical are flat fees such as $500, or
limited sanctions like $200/wk up to $5,000.

Anyways, the idea is that this is a problem because in MA there is
*not* an obligation for the lender to record. And that is the
traditional common law & (formerly at least) majority rule.

So there.

-v.