Attorney Affidavit of Discharge Forms

FORM 62C

Date:

Property Address:

Mortgagor:

Mortgagee:

Address of Mortgagee:

Servicer (to whom payoff made, if applicable):

Address of Servicer (if applicable):

Note Holder (to whom payoff made, if applicable):

Address of Note Holder (if applicable):

Mortgage Information [including parties and assignments]:

NOTICE OF INTENTION TO RECORD AFFIDAVIT OF DISCHARGE

PURSUANT TO M.G.L. C. 183, §§ 55(g) (2) and 55(g) (3)

Enclosed please find [check OR wire confirmation] in the amount of $______in full satisfaction of the above mortgage loan and made in accordance with the below referenced payoff statement.

Also enclosed with this notice are:

A.Copy of the payoff statement issued by ______dated ______in the amount of $______, which together with accrued per diem interest totals $______as of ______.

B.Proposed Attorney’s Affidavit of Discharge.

Pursuant to M.G.L. c. 183, § 55(g) (2) (v) the enclosed affidavit shall be recorded and will discharge the mortgage unless within 45-days of receipt of this notice your company must:

A.Record a mortgage discharge executed by the record mortgage holder, or by one documented of record in Massachusetts to have authority to execute discharges on its behalf;

B.Send to the undersigned the recording information that evidences the proper recording of a mortgage discharge executed by the record mortgage holder or by one documented of record in Massachusetts to have authority to execute discharges on its behalf; OR

REBA Form No. 62C

C.Send to the undersigned for recording a mortgage discharge or confirmatory mortgage discharge executed by the record mortgage holder or by one documented of record in Massachusetts to have authority to execute discharges on its behalf, together with $75.00 document recording fee;

D.Send written notification to the undersigned that the payment was inadequate, and specifying the reason and amount of inadequacy.

In the event the payoff amount was sent to a mortgage servicer or note holder that is not the mortgagee, a copy of this notice is being sent to the mortgagee as required in M.G.L. c. 183, §55(g)(3). The mortgagee may object to the recording of the affidavit if, within 45-days of receipt of this notice, it provides to the undersigned documentary proof:

A.That it is the true holder of the Note, debt or other claim or obligation secured by the mortgage; AND EITHER

B.That the payoff was inadequate, specifying the reason for the inadequacy; OR

C.That the payment was erroneously made to someone who was not the proper holder of the Note, debt, or other claim or obligation secured by the mortgage and who was not acting properly on behalf of the mortgagee in receiving the payment.

Failure to so provide or record a proper discharge or provide written notification objecting to the mortgage payment within 45-days shall expose the mortgagee, mortgage servicer or note holder to liabilities and remedies provided in M.G.L. c. 183, § 55(c) and shall, in addition, entitle the undersigned to execute and cause to be recorded an affidavit discharging the mortgage in accordance with said statute.

A copy of the proposed affidavit, including therewith a description of the mortgage and any assignments thereof, including the parties thereto, the address of the mortgaged property and the recording information for the mortgage and any assignments is enclosed as part of this notice.

Very truly yours,

______

REBA Form No. 62C

Comments

1.Use this form as a cover letter when sending the mortgage payoff amount or as a follow-up after sending the payment via wire transfer. Use Form 62B instead when clearing title of a paid mortgage for which there is no discharge of record.

2.Address this Notice to the entity that provided the mortgage payoff statement, the entity that was sent the mortgage payoff and also to the mortgagee of record, including any successor entity resulting from merger, name change or bulk asset acquisition. Send the Notice to all known addresses for each of the entities.

3.The list of documents evidencing payoff is a suggestion only, and the final Demand Letter should add or delete as appropriate based upon what documentation is available in any given situation.

4.Include with this Notice the Attorney Affidavit of Discharge (Form 62A) and copies of the documents listed in the final edited Paragraph that evidence the mortgage payoff being made. The Notice package may be sent via regular mail, certified mail or overnight delivery, which is different than the Demand Letter package using Form 62B for clearing title of a paid mortgage that remains open of record.

5.The Attorney Affidavit of Discharge (Form 62A) is recorded together with a copy of this Demand and Notice as one document. Pursuant to M.G.L. c. 183, § 55(g) (5), while “the affidavit shall be accompanied by a copy of the notice provided to the mortgagee, mortgage servicer or note holder, [it] need not be accompanied by the documents enclosed with such notice”. If copies of the supporting documents are recorded together with the Affidavit and the Demand and Notice, any personal identifier information may and should be redacted from the supporting documents before recording pursuant to M.G.L. c. 183, § 55(k).

(11-03-14)

REBA Form No. 62C

(11-03-2014)