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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33762
Experience:  15 years real estate, Realtor. Landlord 26 years
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We have a mortgage with persons that are joint tenants with

Customer Question

We have a mortgage with persons that are joint tenants with survivorship. The mortgage has been paid. One haws since past can the survivor simply sign the discharge or will an affidavit need to be done and recorded at the county registry before hand. If needed it is the state of NH.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If one of the joint owners has passed, then the survivor is the sole owner of the mortgage and only that survivor would need to sign off on any release of the mortgage for it to be filed. It would also be a good idea to record a copy of the death certificate along with the release effectively showing that only one signature is needed as the survivor is automatically the sole owner of the debt.

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thanks

Barrister

Customer: replied 1 year ago.
That was my thought also, but it's a good idea to ask instead of someone later saying it's not legal and laying claim to our assets.
Thank You
Expert:  Barrister replied 1 year ago.

Agreed, it is always a good idea to check with a professional even if your instincts tell you that you are correct. Better safe than sorry.

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You are very welcome. Glad to help any time..

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thanks

Barrister

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