Legal Question in Real Estate Law in Maine
morgage recording question
Previously, myself and my daughter and my son were all on a deed to real estate property. My daughter was the only borrower for the mortgage. I saw online at the county registry site that all three names were on the mortgage agreement that was registered there. However when I asked a person at the Wells Fargo why my name and my sons name were on the mortgage they informed me that we were not on the mortgage. When the mortgage was payed off, as my son bought us out, a discharge to the mortgage was registered and there again all of our names appeared in the discharge. Now my son using a different mortgage company should be the only one on the mortgage but again my name and that of my daughter is on the registered files. My son asked American Home Mortgage company why our names were on the mortgage and was told the same as Wells Fargo that out names are not on the mortgage.
( Since waiting for 15 day limit my daughter checked her credit report and found no mortgage listed there so why is it in the county recordings?)
PLease will someone explain this to me. I find it very upsetting. I am well into my senior years and do not need this angst. I will appreciate any clarification about this matter. Thank you very much.
1 Answer from Attorneys
Re: morgage recording question
Be assured that you cannot be on a Mortgage, or even a promissory note without actually signing it yourself, and in the case of a mortgage, signing before a notary. Forgery or fraud is possible but rare. It is possible you are still "on" the mortgage that was discharged, because a discharge does not remove the original mortgage document from the Registry, since the Registry is a permanent record of all filings, but a discharge will mean that anyone reviewing the title to the land will disregard the mortgage as not longer applicable.
The only way that your concerns could be better answered would be for a lawyer to review the actual documents themselves.
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