Affidavit by Mortgagor Regarding Discharge of Mortgage by ...



Affidavit by Mortgagor Regarding Discharge of Mortgage by Mortgage Servicer or Off-Record Note Holder - M.G. L. c. 183, §54C(a)(3)(i)

I/We,___________________________________, of________________________having personal knowledge of the facts herein stated, under oath depose and say as follows:

This affidavit is given in connection with a Mortgage on a one-to-four family residential property from _____________________________________________ (Mortgagor(s)) to _________________________________ (the Mortgagee), dated _________________, recorded with _________________________ Registry of Deeds, Book ____________, Page ________, and/or filed with the _________________________ Registry District of the Land Court as Document No. ___________ pertaining to property known and numbered as _______________________________________ (the Premises), which Mortgage has been discharged by ___________________________________________, a Servicer of said Mortgage or the Note Holder under said Mortgage.

(Use this section if Mortgagor is still owner)

 I am/we are the Mortgagor(s) in said Mortgage; and,

(1) I/we hereby affirm the inability to obtain an original or photocopy of the servicing agreement, power of attorney, servicing notice letter to the borrowers, written payoff statement issued to the Mortgagor, closing attorney or settlement agent, or other document evidencing the authority of such Servicer; or the note, with the endorsements thereon evidencing the transfer of the ownership of the note to such Note Holder.

(2) I/we state that my/our most recent mortgage payment(s) were made to said Servicer or Note Holder because (explain reasons):

(3) I/we have attached evidence of the foregoing payments in the form of one or more billing statements, a written payment history, an annual principal and interest statement or other written acknowledgment of payment from the Servicer or the Note Holder, as the case may be.

OR

(Use this section if Subsequent Owner holds title)

 I am/we are the present owner(s) of the Premises (other than the Mortgagor(s)) and I/we state that:

(1) I/we have owned the Premises for more than one year, having purchased the same subsequent to the recording of the Mortgage.

(2) The deed to me/us made no reference to the Mortgage remaining outstanding and I/we did not assume the Mortgage or intend to take title subject to it,

(3) I/we purchased the Premises in good faith and for value in the belief that the Premises were not encumbered by the Mortgage.

(4) I/we have not made payments on account of the Mortgage.

(5) No claims have been made against us under the Mortgage subsequent to my/our purchase.

6) The Mortgagor(s) no longer own(s) the Premises.

Executed under penalties of perjury as of this ______day of ______________, 20_____.

__________________________________________

(Name of Affiant and Title)

[Attach appropriate acknowledgement certificate here]

Note: This form is to be used only with one-to-four family residential properties.

For the purpose of this form, the term “mortgagee” shall mean the original mortgagee or a record successor or a successor thereto by operation of Law or one or more of the methods referred to in M.G.L. c183 §55(i)

Affidavit of Attorney to Accompany Mortgagors

Affidavit Under M.G.L. c. 183, §54C(a)(3)(ii)

I, _________________________________, of _________________________________, having personal knowledge of the facts herein stated, under oath depose and say as follows:

1. I am an attorney licensed to practice law in the Commonwealth of Massachusetts.

2. In connection with the mortgage loan referenced above:

 Pursuant to a payoff statement from the mortgage servicer or note holder, I transmitted funds to the Mortgage Servicer or Note Holder sufficient to satisfy in full the outstanding balance of the loan secured by the Mortgage;

or,

 I have ascertained that such payment was made pursuant to a written payoff statement issued to another closing attorney or settlement agent;

3. Neither (i) the servicing agreement, power of attorney, servicing notice letter to the borrowers, written payoff statement issued to the Mortgagor, closing attorney or settlement agent, or other document evidencing the authority of the Mortgage Servicer, (ii) the note with the endorsements thereon evidencing the transfer of the ownership of the note to the Note Holder, nor (iii) a confirmatory discharge duly executed and acknowledged by the Mortgagee has been received, despite a written demand therefore sent by registered or certified mail to the Servicer or note holder and the Mortgagee at their last known addresses at least thirty days before the date of this affidavit.

4. The aforementioned written demand described the circumstances under which the payment in full of the outstanding balance of the Mortgage loan in accordance with the payoff statement occurred and provided copies of any documentary evidence thereof.

5 The aforementioned written demand informed the Servicer or Note Holder and the Mortgagee that, absent objection in writing received by certified mail within 30 days after the postmark date of the written demand, this Affidavit and the Affidavit of the Mortgagor or Subsequent Owner authorized by M.G.L. c.183, §54C(a)(3) would be recorded and would conclusively discharge the mortgage.

6. No written objection was received by me within the thirty-day period mentioned above.

Executed under the penalties of perjury as of this _______ day of ___________, 20_____

__________________________________________

Attorney

[Attach appropriate acknowledgement certificate here]

Note: This form is to be used only with one-to-four family residential properties.

For the purpose of this form, the term “mortgagee” shall mean the original mortgagee or a record successor or a successor thereto by operation of Law or one or more of the methods referred to in M.G.L. c183 §55(i)

(11-13-2007) REBA Form No 43d

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REBA Form No. 40, page 2 of 4

© 2006 The REBA Foundation, Inc

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