Massachusetts Discharge of Mortgage
Discharge of Mortgage for Real Estate Located in Massachusetts
Use this form to fully release/discharge a mortgage when paid in full.
(''Discharge'', a duly executed and acknowledged deed of release of a mortgage or other written instrument that, by its terms, discharges or releases a mortgage or the lien thereof or acknowledges payment or satisfaction of a mortgage or the debt or obligation secured by a mortgage or the conditions therein contained) (Section 54. (a))
(A mortgage may be discharged by 1 of 2 or more joint holders of a mortgage or the mortgagee, mortgage servicer or note holder, or an heir, executor, administrator, successor or assignee thereof, but, the discharge shall comply with the requirements of subsection (b) of section 55. The discharge shall have the same effect as a deed of release, and may be recorded when duly executed and acknowledged or on proof of its execution in accordance with sections 34 to 41, inclusive, or on such other proof of its due execution by credible evidence in the form of corroborating documents or affidavits establishing the authenticity of the discharge and the execution thereof and, in that case, the discharge and the corroborating documents or affidavits may be recorded along with or as exhibits to an affidavit under section 5B that refers to the documents or affidavits. The recordation of a duly executed and acknowledged or proven discharge as provided herein shall be conclusive evidence that the mortgage has been discharged) (Section 54(a))
This form may be recorded in the [Registry of Deeds] or the [Land Court Registry], @ 15 to 20 percent of land in Massachusetts is registered land, meaning the land is insured by the Commonwealth of Massachusetts, and documents affecting real property must be recorded in the Land Court. (A discharge shall contain the street address of the mortgaged property, the book number and page number or the land court document number and recording date of the mortgage, and the name of the original mortgagor;) (Section 54.(b))
(Massachusetts Discharge of Mortgage Package includes form, guidelines, and completed example) For use in Massachusetts only