@Jay Hinrichs you are correct. My lender and closing attorney told me that this situation occurred frequently. Typically, the seller does not know that he has to record his discharge at the registry of deed after he paid off his mortgage.
@Charles Kao I agreed that after the light is off, then everybody is stepping off. So I need something in writing to assure and bind the accountability from the seller and closing attorney/my lender.
@Brad L. My lender and closing attorney called the seller's lender to confirm that he is paying off his mortgage already. My lender already agreed to write something up for me to make sure that I feel comfortable. Unfortunately, if I decided to close, I don't think I have enough time to go back/forth to get that paperwork wrap up before 9 AM tomorrow. What trouble me even more is that I did not find this out until late in the afternoon today, and my closing is tomorrow at 9 AM tomorrow.
I did the following:
1) I called an attorney that I closed with in the past to get his opinion, but he has not called me back yet
2) I called the registry of deed, and they told me that they don't have any problem with my closing without the seller record is discharge
3) I talked to my lender. He called the seller lender to confirm that the seller already paid off his mortgage 10 years ago. The lender agreed to write something up for me at closing.
For now, I decided that I am going to proceed with the closing with some write up from my lender with key point: mortgage already been paid, and that seller to record his discharge within xx-day/week. Then I will have seller sign off on it too.
If I ever got a call back from the attorney that I called in 1) prior to 9 AM to stop, then I will cancel the closing.
In the meantime, I will write up a letter to bring into the closing with me as well to be prepared for the lender and seller to sign off in case the lender forgot his write up.
Thank you everyone for your insight and valuable feedback.