MORTGAGES – FORM OF DISCHARGES

Mass. General Laws Chapter 183, Section 54C permits discharge of mortgage by someone other than the record title holder thereof.

Section 54C (A)(1) allows for discharge by a mortgage servicer provided a copy of the servicing agreement/power of attorney is attached to the discharge or recorded elsewhere in the land records.

Section 54C (A)(2) permits discharge where the servicing agreement/power of attorney is not available.

Section 54C (A)(2) permits discharge by affidavits from (a) the Mortgagor, (b) a subsequent owner of record and (c) an attorney who handled the loan pay-off at closing.

Section 54C (B) permits discharge by the note holder.  Section 54C applies to federally related mortgages covering one-to-four family residences, only.

Chapter 183, Section 55 permits discharge by closing attorney affidavit and copies of negotiated payoff checks.  It is related to Section 54C (A)(2)(c) above but requires more notice and supporting evidence.

Form for all of the above discharges are available from the Massachusetts Conveyancers Association (800-496-6799).