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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I paid off a mortgage to Fleet Bank in 1997. I have their letter

Customer Question

I paid off a mortgage to Fleet Bank in 1997. I have their letter thanking me for paying it off and telling me they would discharge the mortgage. I found out in 2014 that Fleet never discharged the mortgage. I can't get Chase, the company that now oversees my "mortgage", to discharge it, although they have a copy of the mortgage and the letter. This is making it difficult to borrow money and will leave a snarl for my heirs. How do I get Chase to do the right thing?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Someone in your situation may have to threaten (or actually file) a suit for clear title. This is a kind of lawsuit which asks the Court for confirm issues of any clouds or claims to the title of a home, and "clear" the title if need be. Once the Court confirms that the mortgage has been paid off (by the letter, testimony by you, perhaps any documentation left from 1997 aside the letter, etc), then Chase would have discharge the mortgage formally (or the court will simply order it discharged).
The winner can often ask for legal fees. If the court finds that Chase has been malicious or grossly negligent, it can even order punitive damages.
Therefore, the first step would be to send a demand letter from an attorney demanding the discharge or a suit would follow.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.