Partial Release of Mortgage
(MA)

Summary

This partial release of mortgage template may be used in Massachusetts to release a portion of mortgaged property from an existing mortgage while retaining the lender's lien on the remainder of the property. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. This partial release can be used for commercial or residential property and should be recorded in the county or counties where the released property is located. Counsel should consult the recording office where the real property is located to determine the local customs and recording fees. For further information on recording real property documents in Massachusetts, see Recording Procedures (MA). For a satisfaction of mortgage, see Discharge of Mortgage (MA). For a discussion of financing real property in Massachusetts, see Commercial Real Estate Financing (MA). In addition to the use of this template to partially discharge a Massachusetts' mortgage, Mass. Ann. Laws ch. 183, § 54 (b) provides for alternative means to discharge a mortgage such as affidavits duly executed and acknowledged with exhibits evidencing the discharge. A discharge shall contain the street address of the mortgaged property, the book number and page number or the land court document number, recording date of the mortgage, and the name of the original mortgagor. Failure to include all of this information shall not however affect the validity of the instrument. If the mortgagee, mortgage servicer, or note holder elects to provide the discharge to the person transmitting the payoff and that person is someone other than a closing attorney or settlement agent, the discharge must be accompanied by a letter that contains a statement in substantially the following form, in not less than 10-point boldface type: ENCLOSED WITH THIS LETTER IS A DISCHARGE OF YOUR MORTGAGE AND OTHER DOCUMENTATION IF NECESSARY TO SHOW THAT WE WERE THE HOLDER OF YOUR MORTGAGE WHEN IT WAS PAID. THESE ARE IMPORTANT LEGAL DOCUMENTS. IN ORDER TO RELEASE THE MORTGAGE FROM THE TITLE TO THE PROPERTY, YOU MUST RECORD THE DISCHARGE AND ACCOMPANYING DOCUMENTATION, IF ANY, AT THE SAME REGISTRY OF DEEDS IN WHICH YOUR DEED WAS RECORDED. ALL RECORDING FEES THAT WE ARE REQUIRED TO PAY UNDER MASSACHUSETTS LAW HAVE BEEN INCLUDED IN THE ENCLOSED CHECK. THE RECORDING FEE FOR THE DISCHARGE ITSELF, UNLESS PAID BY YOU WITH THE LOAN PAYOFF, IS YOUR RESPONSIBILITY. IT IS IN YOUR BEST INTERESTS TO RECORD THE DISCHARGE AND ACCOMPANYING DOCUMENTATION AS SOON AS POSSIBLE. IF YOU ARE UNSURE WHAT TO DO, PLEASE SEEK THE ADVICE OF AN ATTORNEY OR A CLERK AT THE REGISTRY OF DEEDS. See Mass. Ann. Laws ch. 183, § 54 (b) and Mass. Ann. Laws ch. 183, § 55 for further detail.