Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the timely issuance of mortgage discharges, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 55 of chapter 183 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by adding the following six paragraphs:-

Notwithstanding the foregoing, if such mortgagee fails to make such discharge or to execute and acknowledge a deed of release of the mortgage within thirty days from receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the said mortgagee, an attorney-at-law licensed to practice in the commonwealth may, on behalf of the mortgagor, his executor, administrator, successor, assignee, transferee, or his transferee's mortgagee, execute and cause to be recorded in the registry of deeds in which the mortgage is recorded, an affidavit which states that:

(1) the affiant is an attorney-at-law in good standing and licensed to practice in the commonwealth;

(2) the affidavit is made on behalf of, and at the request of, the mortgagor, his executor, administrator, successor, assignee or transferee, or his transferee's mortgagee;

(3) the mortgagee has provided a payoff statement with respect to the loan secured by the mortgage;

(4) the affiant has ascertained that the mortgagee has received payment of the loan secured by the mortgage in accordance with the payoff statement, as evidenced by a bank check, certified check or attorney's clients' funds account check which has been negotiated by the mortgagee, or by other documentary evidence of such receipt of payment by the mortgagee;

(5) more than thirty days have elapsed since such payment was received by the mortgagee;

(6) the affiant has given the mortgagee at least fifteen days notice in writing by certified mail of intention to execute and cause to be recorded an affidavit in accordance with this section, together with a copy of the proposed affidavit; and that the mortgagee has not delivered a discharge or deed of release in response to such notification and that the mortgagor has complied with any request made by the mortgagee for additional payment at least fifteen days prior to the date of the affidavit.

The affidavit shall also include the names and addresses of both the mortgagor and the mortgagee, the date of the mortgage and the title reference. Similar information shall be included with respect to any recorded assignment of the mortgage.

The affiant shall attach to the affidavit (a) photostatic copies of the documentary evidence that payment has been received by the mortgagee, including the mortgagee's endorsement of any bank check, certified check or attorney's clients funds account, and (b) a photostatic copy of the payoff statement, if made in writing, and shall certify on each that it is a true copy of the original document.

The affidavit, when recorded, shall constitute a discharge of the mortgage and a release of the lien created by the mortgage on the mortgage premises.

Any person who causes an affidavit to be recorded in accordance with this section, knowing the information and statements contained therein to be false, shall be punished by a fine of not more than five thousand dollars.

For the purposes of this section, the term "payoff statement" shall mean a statement, written or oral, of the amount of the unpaid balance on a mortgage including principal, interest and other charges properly assessed pursuant to the loan documentation of such mortgage and a statement of the interest on a per diem basis with respect to the unpaid principal balance of the mortgage.