Norfolk County Recorder William P. O'Donnell today reminded consumers of the importance of applying for mortgage forgiveness in a timely manner after their mortgage has been paid off.
“As consumers, we all need to borrow money. Consumers borrow for a variety of reasons: to purchase a home, to renovate their home, to pay for their children's ever-increasing tuition fees, etc.,” says Register O'Donnell. “Debt that involves real estate results in a lien being recorded against the title to that property.”
In the 2023 calendar year, more than 102,000 documents were recorded at the Norfolk County Register of Deeds Office, of which approximately 14,600 were mortgages, making up more than 14% of all documents recorded in 2023.
To clear a homeowner's title to the property when their mortgage has been paid off, a mortgage release document must be registered with the Registry of Deeds. A release is a document (usually one or two pages) issued by the lender, usually titled “Release of Mortgage” or “Satisfaction of Mortgage”.
“As a consumer you want to see the discharge of your mortgage recorded in the deeds registry – that's a signal to the public that the mortgage has been paid off,” O'Donnell said.
In some cases, the mortgage release is filed directly with the Registry of Deeds by the bank or attorney who closed the deal, either as part of a property sale or as the result of a refinancing transaction. In other cases, the mortgage release is sent to the property owner, who is responsible for ensuring the document is recorded.
Registrar O'Donnell warned: “Whether the release of mortgage is recorded by the lending institution or by the individual property owner, it is imperative that property owners ensure that all necessary documentation is recorded with the Registry.”
Individuals with property registered with the Norfolk County Register of Deeds can use the Register of Deeds' online records (www.norfolkdeeds.org) to verify title and see if all liens have been properly released. Property owners can visit the online research section of our website to see if all liens associated with a property have been released.
“Please remember that not paying your mortgage can create title issues and affect the process of selling your home,” Register O'Donnell warned residents.
The register also noted that in some cases forgiveness has not been recorded for mortgages that were repaid over a long period of time. “Unfortunately, some of the lending institutions that funded these mortgages no longer exist. In other cases, financial institutions have merged with other lending institutions.”
If a property owner needs to have the original lien released and is unsure which lending institution is now responsible for providing that document, they can contact the Massachusetts Department of Banking at 1-800-495-2265 x-1, then x-61501. Alternatively, go to the Federal Deposit Insurance Corporation website at www.fdic.gov. Then, locate and click on the Consumer Resource Center link about halfway down the home page. Click on Bank Find under the topic “Consumer Protection.” Enter the name of the lending institution in question and click on the lending institution link, and you will be able to find out who is responsible for the lien.
When recording a release of lien, original documents are required. By law, the Recorder's Office cannot accept photocopies or faxed documents. The filing fee required by state law is $106.
In conclusion, Registrar O'Donnell said: “Once homeowners have paid off all mortgages on a property, they will want to be sure that the title to the property is clear, especially if they are considering selling. Knowing what steps they need to take to ensure that all repaid mortgages have been properly repaid will go a long way to giving homeowners confidence that the title to their property is clear. I cannot stress enough how important it is for homeowners to submit a mortgage discharge to the Registry once they have paid off their mortgage.”
The Norfolk County Register of Deeds Office is staffed with a team of customer service representatives who can be contacted Monday through Friday from 8:30 a.m. to 4:30 p.m., at 781-461-6101. These representatives are trained in examining documents and are knowledgeable about what needs to be done to release liens and clear the title to a property, if necessary.
To learn more about Registry Office events and initiatives, like us on Facebook® facebook.com/NorfolkDeeds or follow us on Twitter®. twitter Instagram®: Instagram.com/NorfolkDeeds
The Norfolk County Register of Deeds is located at 649 High Street in Dedham. The Register of Deeds is a resource for homeowners, title investigators, mortgage lenders, municipalities and others who need secure, accurate and accessible land record information. All land record search information is available on the Register of Deeds' website at www.norfolkdeeds.org. Residents who need assistance can contact the Register of Deeds Customer Service Center by phone at (781) 461-6101 or by email at registerodonnell@norfolkdeeds.org.