§ 33 §553-A — Discharge by attorney

1.
Affidavit.
A recorded mortgage on a residential owner-occupied one-to-4-family dwelling may be discharged in the office of the registry of deeds by an attorney-at-law licensed to practice in the State if the mortgagee, after receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the mortgagee, fails to make that discharge or to execute and acknowledge a deed of release of the mortgage. The attorney shall execute and record an affidavit in the registry of deeds affirming that:
2.
Name; address; mortgagee; mortgagor.
The affidavit must include the names and addresses of the mortgagor and the mortgagee, the date of the mortgage, the title reference and similar information with respect to recorded assignment of the mortgage.
3.
Copy.
The affiant shall attach to the affidavit the following, certifying that each copy is a true copy of the original document:
4.
Effect.
An affidavit recorded under this section has the same effect as a recorded discharge.
5.
Exception.
A mortgage may not be discharged as provided by this section if the holder of the mortgage at the time a discharge is sought is a financial institution or credit union authorized to do business in the State as defined in Title 9‑B, section 131, subsection 12‑A or 17‑A.

Legislative History

PL 1993, c. 534, §2 (NEW). PL 1995, c. 94, §1 (AMD).