Legal Question in Real Estate Law in Massachusetts
8 months ago, we refinanced our house with Bank B and paid off our mortgage to Bank A. Attorney for bank B handled our refinance case. It happens that we have to move out of state and we are selling our house. We found a buyer and the title search turned up that there are 2 mortgages outstanding for our house (from bank A and B). After contacting bank A, we found that bank A did send the Release Letter to the Attorney handling the refinancing 8 months ago. The attorney never bothered to file the Mortgage Release with the Middlesex (Massachusetts) Deeds registry although the HUD statement clearly shows that we were charged for all of these services. When we contacted the attorney who, btw, did not bother answering our calls until we contacted the bank we refinanced with, he told us "Oh, why are you selling your house so soon anyway?" and "I go to the Middlesex Registry every once in a while and file a bunch of these, so I would get to it one day" Our closing is in less than 2 weeks. This may potentially delay our closing which has significant financial costs for us! What are our options here?
1 Answer from Attorneys
Massachusetts has a law that requires that discharges be recorded in 30 days. I suggest you contact your attorney and have him deal directly with the closing attorney and Bank A.
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