Posted on: 08th Feb, 2011 11:58 am
Mortgagee can not find the original mortgage document
When I paid off (gave a cashier's check) the seller (the mortgagee) signed satisfied on a copy of the original mortgage, not on the original. When I asked for the original the mortgagee told me they can not find it.
When I paid off (gave a cashier's check) the seller (the mortgagee) signed satisfied on a copy of the original mortgage, not on the original. When I asked for the original the mortgagee told me they can not find it.
I would have to believe that you don't need the original document inasmuch as you have a live signature on a copy. Furthermore, you have evidence of your payment in full to back up your claim.
What you'll really want to obtain, though, is a release of that mortgage, to be filed with the local town or county clerk for recording.
Finding the original mortgage shouldn't be necessary here, I don't believe.
What you'll really want to obtain, though, is a release of that mortgage, to be filed with the local town or county clerk for recording.
Finding the original mortgage shouldn't be necessary here, I don't believe.
South Carolina requires not only signature on an original mortgage, but also a second signature - of a witness... The courthouse told me to get it or they won't release the record. I hate bureaucrats. They made me drive all day getting signatures etc.
I believe LLL is taking about the note, not the mortgage. Latter may be cancelled of record but that clears title. A “live†note out there in the wild is another story. Yes, you should be concerned.
I have to disagree there, Guest. Triple L said he/she went to the courthouse, presumably to have the mortgage shown as released. The mortgage deed would have been filed there, not the promissory note; so the SC requirement of having an original must refer to the mortgage deed.
In any case, bureaucracy does indeed rule. But Triple L - did your running around obtaining signatures get you what you needed?
In any case, bureaucracy does indeed rule. But Triple L - did your running around obtaining signatures get you what you needed?