Legal Question in Real Estate Law in New Jersey

Satisfaction of mortgage never filed with the county clerk

My husband and I purchased our home in 1982. In 1987 we refinanced and paid off the original loan. Since that time we refinanced a couple of times. The 1987 mortgage was paid off during a subsequent refinancing, although the bank never sent a satisfaction of mortgage to us or the county clerk. We have a copy of the RESPA, payoff statement from the bank and letter from the title company who paid off the mortgage stating it was paid in full. However, our county requires the original mortgage, cancelled of record. The mortgage company, title company, etc are no longer in business. I have traced the line of refinances and have several returned letters to out of business companies. I would like to get the mortage cleared and would like a court order. I want to proceed pro se as I cannot afford an attorney right now. Is it possible? What forms do I need? Should I file a motion, prepare an order to show cause and an order? Are there forms I can fill out? My paperwork is in order showing I have been working for 10 months to resolve this. We want to take out a second mortgage for home improvements. Can you help? Thanks in advance for any assistance you can provide.


Asked on 2/08/06, 10:56 am

3 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Satisfaction of mortgage never filed with the county clerk

you need to file an order to show cause with a complaint to obtain a court order to discharge the mortgage. Our firm has done these in the past and we would be happy to assist you. Bruce Gudin, Esq.

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Answered on 2/08/06, 11:09 am
Robert Davies The Davies Law Firm, P.A.

Re: Satisfaction of mortgage never filed with the county clerk

I have read the other attorney's reply. I would suggest trying very hard to get a 'discharge of mortgage' from the mortgage company which took over your old mortgage company. It sounds like you have already tried that, but I may be able to find them; that would be much cheaper and easier than filing the court action. It would be quite difficult for you to file the court action on your own.

If you would like, give me a call to set up an appointment; I am in northern New Jersey. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 2/08/06, 11:31 am
Walter LeVine Walter D. LeVine, Esq.

Re: Satisfaction of mortgage never filed with the county clerk

I AGREE WITH BOB AND BRUCE. IF YOU CAN TRACE THE SUCCESSOR OF THE ORIGINAL MORTGAGE COMPANY, THEY USUALLY ACCOMODATE BY GETTING YOU A DISCHARGE. I SUGGEST YOU USE AN ATTORNEY, EVEN IF DIFFICULT, AS THE PAPERWORK, WHILE NOT DIFFICULT, IS SOMEWHAT COMPLICATED, AS IS ALL PARTIES WHO NEED TO BE NAMED AND/OR SERVED WITH NOTICE. THIS IS ESPECIALLY TRUE IF THE ORIGINAL BANK HAS MERGED WITH ANOTHER BANK OR GONE OUT OF BUSINESS.

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Answered on 2/08/06, 12:47 pm


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