Legal Question in Real Estate Law in Massachusetts

Re: lost mortgage documents & mortgage not recorded

You should be making mortgage payments to someone.

Contact your existing mortgage company to see if they've been paid off from the proceeds of the refi.

If not, ask the attorney who showed up for evidence that they've paid off your existing mortgage. That would be a copy of the payoff statement from the mortgage company, a copy of the "payoff transmittal" - the letter that the attorney sent the mortgage company with the payoff check, and finally, a copy of the cancelled check. You should also confirm with your pre-refi mortgage holder that they have received the payoff.

If your existing mortgage company says they haven't received the payoff, and the attorney can't produce the above, I would guess that your existing (pre-refi) mortgage is still in place, and you should send your monthly payments to them.

If they HAVE been paid off, you should get documentation from the refi closing attorney as to who you owe now.....that would be evidence of who supplied the money for the payoff that was made. I would then contact the main office of that lender, explain the situation, and get written confirmation from them as to the amount you owe, the terms (interest rate, points, charges, repayment schedule, etc), that the original documents have been lost, that the attorney in question represents them, and is authorized to have you sign replacement documents, and a statement as to the amount of the monthly payment, where to send it, and that your mortgage (or servicing) has not been assigned. All should be in writing from the lender, and all should be exactly the deal you were originally promised, and you shouldn't pay any extra fees.

You should definitely pay your mortgage. You just need to get written confirmation as to exactly who your current mortgage holder is.

Good luck.

Re: lost mortgage documents & mortgage not recorded

... and in addition to the excellent points made above, you'd probably be well advised to engage an attorney-- you could reasonably request indemnification from the lender and closing attorney for any misuse of the "lost documents," plus, it would seem to be a potential source of identity theft if the wrong person "finds" the missing documents. (Depending upon what, exactly, was lost- if it was the actual mortgage, only, that would be one thing, but you need to know exactly what was lost and how it was lost).

If it is not the actual promissory note (your binding obligation to repay the amount stated in the promissory note) or the mortgage (your agreement to let your house be sold if you fail to adhere to the requirements in the promissory note (including payments) or mortgage (maintaining the property, keeping it insured and free of liens), you may have committed, at the refi closing, to resigning other types of documents within a specific amount of time.

In any event, it would be reasonable to obtain a statement in writing of what has happened and what they want you to do.

Good luck!