Legal Question in Real Estate Law in Maryland

Re: Mortgage lien release

If you purchased title insurance through the chain of transactions then you can rely upon this insurance for protection. If these insurers are not willing to accept their liability then you need legal assistance. Otherwise an accounting of the transactions and lien holdings would be needed for the release of the earlier transaction. A search of the recordings is probably needed. Communication with your current holder is also needed. Contact an attorney should you need assistance.

Re: Mortgage lien release

When your original ('85) mortgage was paid off, the mortgage company should have sent the original promissory note back to you, marked "paid and cancelled" or words to that effect. They may also have sent you a document called a Certificate of Satisfaction. If you kept either of those, they can now be used to release that mortgage. Simply give one or both to the title company or attorney doing the current refinance closing and they can record it. There will be a $30 recording fee.

If you don't have either document, try and contact the original lender or whomever the current version of that lender is. Even though it's a long time ago, they may be able to research it and issue you a new certificate of satisfaction.

If you can't find the original note, and the original lender can't help you, contact the title insurer and they can work this out for you.