Legal Question in Real Estate Law in Massachusetts

Hi, we refinanced out house a while ago with bank B and paid off our mortgage for bank A. Attorney for bank B handled our refinancing case.

We are selling our house right now. The title search in the Middlesex registry turned up both mortgages (from bank A and bank B) on our property as still being valid. We have the settlement statement from our refinancing and also a Promissory Note from bank A that everything was paid off. Who is responsible here for not doing their job??? Should we be concerned?


Asked on 7/15/10, 11:49 am

1 Answer from Attorneys

You should contact the closing attorney and demand that he get a discharge from Bank A and clear your title now.

You should also contact Bank A and inform them that they need to discharge your mortgage as the mortgage was paid off on x date and under MA law failure to file a discharge within 30 days of discharge subjects them to a fine and legal fees should you need to action to get the Mortgage discharged.

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Answered on 7/15/10, 2:54 pm


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