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Example
of
Affidavit of Payment to Discharge Mortgage*
Pursuant to P.L. 1999, c.40, §3 (N.J.S.A. 46:18-11.7)
State.
of New Jersey
County of ____________ ss.:
The
undersigned, being duly sworn upon the undersigned’s oath, avers as follows:
- I am: (a)
an attorney-at-law duly admitted to practice before the Courts of this
State; or (b) duly licensed as an insurance producer in the line of
title insurance.
- On ___________________________,
I caused to be sent to ___________ _______________________, located
at ________________________________, the sum of $_____________.____
, in full payment of a certain mortgage dated __________, 19 in the
face amount of $____________, between____________________________________________________
(mortgagor)and_____________________________ (mortgagee), which mortgage
was recorded on _________________ _____ in the Office of the Clerk /
Register of the County of ________________ in Mortgage Book ______,
page _____ (and which mortgage was subsequently assigned to _________________________
________________ by assignment of mortgage dated ________, 19 recorded
________ ____, 19__, in Assignment of Mortgage Book ____ page ____.
- Said payment
was made by check or electronic wire transfer, in accordance with a
pay-off letter received from ______________________________________________________________
dated __________, _____; and I have received advice that (a) the check
has been negotiated and canceled on ____________________________ or
(b) the wire transfer was received and credited to the recipient’s account
on ______________.
- On _________,
_____, at least thirty (30) days having elapsed since the date the payment
was received, I caused a notice to be sent to _______________________,
located at _______________________ (the address designated for receipt
of payment in the pay-off letter, or, if no address is designated, the
address given on the letter head of the payoff letter), by registered
or certified mail, return receipt requested, pursuant to section 2 of
P.L. 1975, c. 137 (N.J.S.A.46:18-11.3).
- On _________,
_____, at least thirty(30) days having elapsed since the date the notice
as set forth in paragraph 4 of this affidavit was received, I caused
a notice to be sent to _____________ located at ___________________________________
____________________ (the address designated for receipt of payment
in the pay-off letter, or if no address is designated, the address given
on the letter head of the pay-off letter), by registered or certified
mail, return receipt requested, of my intention to cause the mortgage
to be discharged by affidavit, pursuant to Section 3 of P.L. 1999, c.
40 (N.J.S.A. 46:18-11.7), if the mortgage remains unconcealed 15 days
after the notice is received.
- At least
fifteen (15) days have now elapsed since the notice described in paragraph
5 of this affidavit was received. To the best of my knowledge and belief,
no letter or other written communication has been received from _______________________
to the effect that it denies or disputes that the mortgage has been
paid in full and ought to be discharged of record at this time.
- Wherefore,
the undersigned directs the county clerk or register of deeds of the
County of _________________ to cause to be recorded the discharge or
satisfaction-piece accompanying this affidavit, and further directs
the county clerk or register of deeds to cause a marginal notation of
discharge to be made upon the record of the mortgage described in paragraph
2 of this affidavit.
Sworn
and subscribed before me this ___________ day of _______________ , _______
___________________________________________________________________________
*Statutory
form; affidavits submitted for recording must be substantially similar
to the text set forth in the statute, which is reproduced herein.
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HERE to go back to the lawyers
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or below to view the following:
Example
of First Notice to Holder of Mortgage
|| Example of Second Notice to Holder
of Mortgage
Example Affidavit of Payment to
Discharge Mortgage || Example
of Discharge of Mortgage by Affidavit of Payment
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