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April 5, 2011

If you had a private mortgage on your property, it is imperative that the you ensure that the mortgage has been discharged of record before you sell.  It can be very problematic when a seller has to seek judicial intervention to discharge a mortgage of record, especially when the person holding the private mortgage refuses to discharge the mortgage of record.  The New Jersey Statutes provide for the mortgagor to file a summary action in the Chancery Division to direct the County Clerk to cancel or discharge the mortgage of record.  However, should the private mortgagee dispute the action, it will further delay the seller’s closing.   If you used a private mortgage to buy your house, and you are concerned about whether it was properly removed once it was paid off, contact Christopher Dasti, Esquire for more information.

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