Yes. The discharge must be from the correct party (the bank who is the present owner of record of the mortgage) and must be recorded in the land records. It must state that the mortgage has been satisfied or some other language to that effect.
mortgage
A deed in lieu of foreclosure refers to the process of handing over a property deed to the mortgage financier and no longer having to pay the mortgage. The property now belongs to the company who financed the mortgage.
Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.
The sense of achievement which was not clear
A free and clear property means that the mortgage was completely satisfied and there is no more lien on the property as far as the mortgage goes.
When a home seller offers "owner financing", they are essentially offering to hold a mortgage note for the deed on the property. The mortgage note is the "contract". The contract pledges the deed to the buyer once they pay in full. Once the "contract" is paid off, then the deed is transferred to the buyer as the new owner.
I signed a dower interest in taking a second mortgage on my home, though I am not on the loan papers or my mortgage deed, Am I responsible and in what way
If you mean because you're in default and want to avoid foreclosure, it's called a "deed in lieu of foreclosure" and it's usually part of an overall agreement that hopefully also extinguishes the mortgage debt. Typically the mortgage company is not required to accept it. They drive the bus.....
Satisfies the debt.ClarificationIf you are selling your real property by a short sale, you must discuss the satisfaction of the mortgage with the bank. In some situations the lender can go after you to collect any deficiency, even months after the sale. To avoid that problem you should make certain the bank records a mortgage discharge that includes a statement that the discharge is in FULL SATISFACTION of the mortgage. You should consult with an attorney who will help to protect your interests in the transaction.
If you are on the mortgage, you are on the house loan. If you mean you are on the deed, but not the mortgage, then there may be an issue. Many states have a homestead or dower right that could protect you. Consult a local attorney for help!
The "subject property" is the property referred to in a deed, mortgage, contract, title report, title certification, restriction, lease, etc.
In Ohio, if you sign a quick claim deed to land and a house when your name is still on the mortgage loan, you will still be responsible to the bank.