If the mortgage has been fully satisfied the mortgagee has the obligation of discharging/releasing the mortgage properly (in the right land records office) on the public record. In some state failure to do so will render them liable for a slander of title suit. In some states such as Connecticut there is an expedited legal proceeding to clear the title. Pursuant to this procedure you send the mortgagee a written demand for release of the mortgage by certified mail and give them thirty days to release the mortgage. If the mortgagee fails to release it in a timely manner, you file an application with the court. The court will grant a hearing in short order, and order the mortgage released. The court will further assess all legal fees against the recalcitrant mortgagee. In some states a satisfied mortgage can also be released by affidavit, but this is a procedure that more often than not raises additional questions. The best method is the recording of a release properly or recording of the court's order of release.
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