July 20, 1999

Mr. Barry Banker
Loan Pay—Off Department
XYZ Mortgage Company
123 Main Street
Newark, New Jersey 07100
[Via Certified Mail, Return Receipt Requested]

RE: Mortgage from Smith to ABC Mortgage Co.

321 Spruce Street, Suburban Twp., NJ

Loan No. 987654

Dear Mr. Banker:
      On June 15, 1999, I sent to you, via overnight mail, my attorney’s trust account check no. 5678 in the amount of $99,465.86, representing payment in full of the captioned mortgage. Said amount was calculated in accordance with your pay-off letter dated June 15, 1999, and included per diem interest through the date the check was received by you (June 16), and all other fees and charges set forth therein. More than thirty (30) days have now elapsed since you received payment in full, yet you have thus far failed to cause the mortgage in question to be canceled of record, as required by N.J.S.A. 46:18-11.2 et seq.

Notice is hereby given that, unless you cause the mortgage to be canceled of record forthwith, as required by law, the undersigned reserves the right to pursue all lawful remedies available against you, including, without limitation, the imposition of fines, penalties and attorneys’ fees, pursuant to N.J.S.A. 46:18 11.2 et seq., or the discharge of the mortgage by affidavit, pursuant to P.L. 1999, c.40, §3(N.J.S.A.46:1811.7).

Very truly yours,
Richard Roe, Esq.**

*The text of the notice (unlike the Affidavit of Payment) is not set forth in the statute.

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