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Mortgage can not find the original mortgage document

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Post Posted: Tue Feb 08, 2011 12:58 pm    Post subject: Mortgage can not find the original mortgage document
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Mortgagee can not find the original mortgage document

When I paid off (gave a cashier's check) the seller (the mortgagee) signed satisfied on a copy of the original mortgage, not on the original. When I asked for the original the mortgagee told me they can not find it.

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Post Posted: Tue Feb 08, 2011 1:07 pm    Post subject:
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I would have to believe that you don't need the original document inasmuch as you have a live signature on a copy. Furthermore, you have evidence of your payment in full to back up your claim.

What you'll really want to obtain, though, is a release of that mortgage, to be filed with the local town or county clerk for recording.

Finding the original mortgage shouldn't be necessary here, I don't believe.

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Post Posted: Tue Feb 08, 2011 4:38 pm    Post subject: Hi from SC
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South Carolina requires not only signature on an original mortgage, but also a second signature - of a witness... The courthouse told me to get it or they won't release the record. I hate bureaucrats. They made me drive all day getting signatures etc.
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Post Posted: Wed Feb 09, 2011 8:10 am    Post subject:
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I believe LLL is taking about the note, not the mortgage. Latter may be cancelled of record but that clears title. A “live” note out there in the wild is another story. Yes, you should be concerned.
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gmakerley
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Post Posted: Wed Feb 09, 2011 8:01 pm    Post subject:
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I have to disagree there, Guest. Triple L said he/she went to the courthouse, presumably to have the mortgage shown as released. The mortgage deed would have been filed there, not the promissory note; so the SC requirement of having an original must refer to the mortgage deed.

In any case, bureaucracy does indeed rule. But Triple L - did your running around obtaining signatures get you what you needed?

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