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    Paralegal's Avatar
    Paralegal Posts: 2, Reputation: 1
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    #1

    May 13, 2008, 09:11 AM
    Default Judgement to remove mortgage
    Hello: I am in Boston, MA and want to know:

    Will a certified copy of the default judgement from land court (once recorded) remove the outstanding mortgage from the registry of deeds?

    Thanks,

    Lynda
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 13, 2008, 10:03 AM
    You need to explain this more. What does a default judgement have to do with remving the lien?
    Paralegal's Avatar
    Paralegal Posts: 2, Reputation: 1
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    #3

    May 13, 2008, 10:16 AM
    The default judgment states that the property is free and clear of any adverse claims as well as a discharge of the mortgage in question. The mortgage at issue had been fully paid many years ago. No response/answer. Ordered, Adjudged and Decreed that the Certificate is amended by expunging therefrom all reference to the mortgage.

    Do I need to obtain a certified copy of the judgment and record same at the registry?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 13, 2008, 10:25 AM
    Let me see if I understand this. You sued someone who was trying to collect on a mortgage that was already paid. You won the suit by default and had the mortgage discharged. Now you want to register that discharge with the county clerk so the title will be free and clear.

    Is that the story? If so, just take a copy of the judgement to the county clerk and file it.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    May 13, 2008, 10:37 AM
    Quote Originally Posted by Paralegal
    The default judgment states that the property is free and clear of any adverse claims as well as a discharge of the mortgage in question. The mortgage at issue had been fully paid many years ago. No response/answer. Ordered, Adjudged and Decreed that the Certificate is amended by expunging therefrom all reference to the mortgage.

    Do I need to obtain a certified copy of the judgment and record same at the registry?
    Yes. A title search will not reveal the judgment. It has to be recorded with the county in order to act as notice to the public that there are no liens.
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