Attorney’s Affidavit Of Discharge M G L C

attorney’s affidavit of discharge -- m. g. l. c. 183, § 55(g)(1) this affidavit is given in support of the discharge of a certain mortgage (

Attorney’s Affidavit of Discharge -- M. G. L. c. 183, § 55(g)(1)
This Affidavit is given in support of the discharge of a certain
mortgage (“Mortgage”) referenced as follows:
Property Address:
_________________________________________________________
Mortgagor:
____________________________________________________________
Last known address:
______________________________________________________
Original Mortgagee:
______________________________________________________
Mortgage Reference: Dated:_____________
 Recorded Land: County Registry of Deeds
___________________________________
Book ______________ Page_________
 Registered Land: Land Court Registry District
________________________________
Document No. _________________
Certificate of Title ______________
Current Mortgagee:
_______________________________________________________
By:  Assignment dated ____________ recorded/registered as
___________________
 One or more of the methods referred to in M.G.L. c. 183, §55(i)
 Determined by reference to a database maintained by a government or
quasi- governmental agency or entity
Address:
________________________________________________________________
Mortgage Servicer or Note Holder:
_________________________________________
Address:
________________________________________________________________
I, __________________________________________________, am an
attorney-at-law in good standing and licensed to practice in the
Commonwealth and I hereby certify that:
1. This affidavit is made on behalf of and at the request of the
Mortgagor, Mortgagor’s Executors or Administrators, a successor,
assignee or transferee of the Mortgagor or a Mortgagee of any of the
foregoing.
2. I  have  have not been able to ascertain that the Mortgagee,
Mortgage Servicer or Note Holder provided a written payoff statement
with respect to the indebtedness secured by the mortgage.
3. I have ascertained that the Mortgagee, Mortgage Servicer or Note
Holder has received full payment of the indebtedness secured by the
mortgage and I am in possession of documentary evidence of the
payment, including one or more of the following items:
a. a check that has been negotiated by the Mortgagee, Mortgage
Servicer or Note Holder;
b. a bank confirmation of wire transmission;
c. other documentary evidence of full payment of the indebtedness
secured by the mortgage including one or more of the following:
(i) written confirmation by [the undersigned] or another Massachusetts
Attorney, in good standing and licensed in Massachusetts of an oral
acknowledgment by the Mortgagee, Mortgage Servicer or Note Holder of
full payment,
(ii) an Affidavit under M.G.L. c. 183 §5B by the closing Attorney,
settlement agent or other person transmitting the payoff, describing
the circumstances of the payoff and certifying that the person has not
received from the Mortgagee, Mortgage Servicer or Note Holder any
notification that the payment has been rejected, or that there is any
other objection to the adequacy of the payment and that the payoff
transmittal has not been returned to the person as undeliverable or
for any other reason, without being retransmitted to and received by
the Mortgagee, Mortgage Servicer or Note Holder to whom payment was
sent.
(iii) Other [See Note 3]:
4. More than forty-five (45) days have elapsed since such payment was
received by the Mortgagee, Mortgage Servicer or Note Holder.
5. Neither the undersigned nor the closing attorney, settlement agent
or other person transmitting the payoff has been provided with either
a discharge of mortgage or the recording information that evidences a
recorded discharge in compliance with M.G.L. c. 183 §55(a) and (b),
or, if provided, the discharge has not been recorded and is now
unavailable for recording; and
6. I have given the Mortgagee, Mortgage Servicer or Note Holder at
least forty-five (45) days' notice in writing by certified mail of my
intention to execute and cause to be recorded this affidavit under
M.G.L. c. 183, §55(g), together with a copy of this affidavit and the
documentary evidence of payment in my possession and
a. copy of the written payoff statement, if available;
OR
b. statement that a payoff statement is not available.
7. I have informed the Mortgagee, Mortgage Servicer or Note Holder
that
the affidavit will be recorded and will discharge the Mortgage in
accordance with the requirements of M.G.L. c. 183, §5(g)(i)(vii)
unless I received a timely written objection pursuant to the statute.
8. If notice to the Mortgagee was required pursuant to M.G.L. c. 183,
§55(g)(3), I hereby certify that I have complied with the provisions
of
said section.
9. In the event that I received an objection relating to the
inadequacy of payment or other non-satisfaction of the conditions or
obligations secured by the mortgage pursuant to the notices referred
to above, I hereby certify that I have ascertained that the subject
matter of such objection has been resolved and more than fifteen (15)
days has elapsed since the objection was resolved with no further
objection being received.
Executed under the penalties of perjury this ______day of
_____________, 20______.
________________________________________
(Type Name of Affiant and Title)
[Attach appropriate acknowledgement certificate here]
Note 1: This form applies to one-to-four family residential properties
only.
Note 2: This form is used where a mortgage has been paid off but not
discharged in accordance with M.G.L. c. 183, §55(a) and (b) or §54C.
Note 3: Other kinds of documents evidencing payment may include, but
are not limited to, a HUD Settlement Statement, a confirmation of
payoff letter to the Mortgagor(s), a monthly or annual Principal and
Interest Statement showing a zero balance, a copy of a Paid Note which
may not be sufficient for recording under §54C or §55(h), etc.
Note 4: 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 by one or more of the methods referred to in
M.G.L. c183 §55(i)
(11-13-2007) REBA Form No 46C
© Real Estate Bar Association for Massachusetts
(11-13-07)