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Updated about 6 years ago on . Most recent reply

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Chan K.
  • Lowell, MA
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discharge not record at the registry of deed

Chan K.
  • Lowell, MA
Posted

Hello Everyone,

Quick question:

I am in the process of closing on a primary single family residence. 

Apparently, according to my lender/closing attorney, the seller's lender sent the discharge paperwork to the seller like 10 years ago when he paid off his mortgage. 

Unfortunately, the seller never had it recorded at the registry of deed, because he did not know.

My lender recommended that I still can go ahead and proceed with the closing as the seller will get the discharge record in a few weeks post the closing.

I am just getting nervous as I never ran into this problem before. Usually, the seller will get the money from buyer, and the discharge would be in place and record within 1-2 days apart from the closing date. 

I just want to find out if anyone ever ran into this issue before.

I also want to get some opinions if I should proceed with the closing, or wait until the seller is addressing his discharge paperwork/record.

Thank you ahead.

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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
63,175
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Jay Hinrichs
#1 All Forums Contributor
  • Lender
  • Lake Oswego OR Summerlin, NV
Replied
Originally posted by @Charles Kao:

@Chan K.

Not sure about your state laws but in Michigan I don't know how you can convey clear title until it is cleared up. I would wait so everyone works as fast as they can to clear up if it were me. If it closes then everybody stops working.

actually this is far more common than what we think.. 

title companies many times will remove that exception if there is some shred of proof that its been paid.. 

not the end of the world by any means 

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JLH Capital Partners

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