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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38863
Experience:  Texas Attorney for 30 years dealing in real estate
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What can be done to remove a mortgage lien that the County

Customer Question

What can be done to remove a mortgage lien that the County Clerk of Burlington County, NJ requires an Assignment to show the mortgage company (Chase) that acknowledges payment in full of the mortgage but has not provided an Assignment from the prior mortgage company?
The original mortgage is filed properly with the county and an assignment from the original mortgage company (Commonwealth) to Centrust is filed with the county. However, Centrust Mortgage appears to have gone out of business possibly taken over by the Resolution Trust Company. There must have been an Assignment to Mellon Mortgage (this would seem to be the key missing document) but so far Chase has not been able to provide that Assignment. Chase acquired Mellon so the final mortgage payout that was made via a check made by Fidelity Title Abstract Co. in Cherry Hill, NJ on 12/18/01 is documented on the HUD Settlement Form (Line 1304).
If the Assignment cannot be provided by Chase can the circumstances be presented to a judge with a request that the judge authorize the lien be removed by the County Cleck?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you.

Yes you can file suit to quiet title.The court and judge wipe the lien off and the court order gives you clear title.This is the legal remedy in such a situation here in NJ if you cannot get a release.The law allows the court to grant you a clear title and remove the lien here.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

Reference..

N.J.S.A. 2A:62-1 et seq.. It is a remedy which permits a person who is in peaceable possession of lands in New Jersey to settle disputes over the title to his land. A person in "peaceable possession" may, when title to his lands or any part of them is denied or disputed, or when a lien or encumbrance is asserted against his lands, use this process "to settle the title to such lands and to clear up all doubts or disputes" concerning the land. N.J.S.A. 2A:62-1.

Expert:  Ray replied 1 year ago.
Expert:  Ray replied 1 year ago.

If you can leave a positive rating it is always much appreciated.Take care and good luck here.

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