Professional Documents
Culture Documents
NOTICE OF RECONVEYANCE
Contract # 486214
Payee: Mark A. Darling, d.b.a., Alleged Attorney, WELLS FARGO BANK, N.A.,
Litchfield Cavo, LLP, 6 Kimball Lane, Suite 200, Lynnfield, MA 01940
Payor: DAWN MAY JENKINS, 33-35 EASTERN AVENUE, UNIT 2, LYNN, MA 01902
I, Dawn May Jenkins, herein "Settlor," state the facts contained herein are true, correct, complete, and not misleading, to
the best of my personal knowledge. I am Creditor for the legal fiction DAWN MAY JENKINS, organization # 010-48-6214, and
have PREPAID EXEMPT status as evidenced by the UCC-l Financing Statement #200645790380 as the testimony of the Secretary.
of State Massachusetts.
On October 24, 2005, Settlor, signed for her legal fiction DAWN MAY JENKINS, on a Security Instrument recorded at
Book 24994, Page 107 of SOUTHERN ESSEX DISTRICT REGISTRY OF DEEDS, SALEM, MA. DAWN MAY JENKINS,
herein "BORROWER," was named as Guarantor to a Security Instrument presented by MORTGAGE FINANCIAL that was
named as Guarantee, hereinafter "GUARANTEE." The BORROWER as guarantor entrusted the Security Instrument as a title to
be held by the GUARANTEE until the loan #0511277 was paid to Mortgage Financial, Inc., A Massachusetts Corporation as the
Beneficiary. The Security Instrument stated that the BORROWER as Guarantor granted a list of measurements of a fictitious
location, entitled legal description, Exhibit A to Mortgage Electronic Registration Systems, Inc., which became the property of the
Beneficiary as the Guarantee. Mortgage Financial, Inc. later assigned the Security to Mortgage Electronic Registration Systems,
Inc., herein "Beneficiary."
The Settlor signed a Promissory Note for the BORROWER evidencing consideration, and delivered it to the
GUARANTEE who accepted the Note as payment for the loan based upon Settlor's prepaid exempt status, thereby
discbarging the debt the BORROWER, as Guarantor, had with the Beneficiary. The GUARANTEE inadvertently
failed to register the Promissory Note and therefore the Southern Essex District Registry of Deeds as Public Fiduciary
will register and deliver this security to Beneficiary's agent as evidence that the loan #0511277 has been discharged
for the public record and that the trust has been executed and hereby terminated. The Beneficiary has ten (10) days to
record a FULL RECONVEYANCE to original GUARANTOR. In the event a FULL RECONVEYANCE is not
recorded in ten (10) days, beneficiary consents that Settlor record the Reconveyance in Be lciary'~ be alf.
Massachusetts State )
) ss ACKNOWLEDGEMENT
Middlesex County )
As a Notary Public for said County and State, I do hereby certify that on this
D
13~ty
of
y Jenkins app ed before me and executed the foregoing. Witness my hand and seal:
Of-a hfr the above mentioned
THE COMMONWEALTH OF MASSACHUSETTS
LAND COURT
DEPARTMENT OF THE TRIAL COURT
226 CAUSEWAY STREET
BOSTON, MA 02114
February 13,2006
If for any reason, the order of notice that you record at the appropriate Land Court Registry is
inaccurate, you will have to dismiss your complaint and file a new complaint/orders of notice with a new
filing fee.
The effective date of this new policy is March 1, 2006. This letter was revised in November,
2006.
COMMONWEALTH OF MASSACHUSETTS
LAND COURT
Attorney's.Affidavit as to Current
Registered Land Information
------- County
Certificate No. _
(In the event this is cancelled; insert new number and check
OocumentNo. _ Outstanding certificate
Please examine the above certificate of title, verify the above information and furnish us with the following information:
Given by: _
To: _
Oate: _
LocationOfProperty: ---
Outstanding Owner(s): _
Assignments of Mortgage
1. The Credit Agreement referenced in the mortgage is in full force and effect and
has not been amended, modified, terminated or revoked.
2. The undersigned has been duly appointed Agent and is duly serving on the date
hereof as the sole Agent under the Credit Agreement, and has not resigned or been removed.
3. Pursuant to the provisions of the Credit Agreement, the Agent has the following
powers:
a. Hold the mortgage and any other collateral security instruments upon such terms
and conditions as the Agent deems acceptable.
b. Execute, acknowledge and deliver any and all documents which are necessary or
appropriate in connection with the granting, amendment or modification of the
mortgage.
4. The representations of the Agent contained in this certificate are true as of the date
hereof.
5. Any person dealing with the mortgage may rely fully and without further inquiry
on a certificate signed by the Agent as to the authority of the Agent to act as Agent for other
lenders under the Credit Agreement. This certificate shall further be conclusive evidence of
every person relying thereon that at the time of the execution and delivery of the mortgage, the
Credit Agreement was in full force and effect.
6. The terms and provisions of the mortgage may be amended by instrument duly
executed by the mortgagor and the Agent, which amendment will become effective on the
recording or filing of same.
In witness whereof, the undersigned has hereunto signed his name, as such Agent, this
__ day of _
_ Bank, as Agent
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By:
Name:
Title:
COMMONWEAL TH OF MASSACHUSETTS
, Notary Public
My commission expires:
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Memo
To: All Registry Districts
G. L. c. 183, § 54B which allows any officer, member, partner or agent of a mortgagee to
execute an assignment, discharge, subordination, etc. without an accompanying authority
document does not include execution of a document under a power of attorney. Any
instrument executed under a power of attorney, with the exception of foreclosure
documents as set forth below, must be based on a registered or recorded power of
attorney. No affidavit need be registered by the attorney in fact. If the document also
designates the attorney in fact as agent of the record holder, the document may be
accepted without a previously recorded or registered power of attorney.
2. Foreclosures
If, however, a bank is the purchaser at a foreclosure sale, and a new power of
attorney is executed for a subsequent deed out, that power of attorney will
require the usual authorization documentation.
Any power of attorney or other document registered as part of the foreclosure,
without an authorization document, may be used to establish authority in a
subsequent transaction if needed.
• Does a mortgage stay on the encumbrance sheet and continue to be brought forward if
50 years have passed?
>- Yes. It requires an "S" petition to remove. Registered Land is excluded from the 50 year statute.
Regarding MERS: where MERS is the nominee for the lender on a mortgage, from
whom should we accept an assignment or discharge? Should we list the lender and
MERS, as nominee, or just MERS on the encumbrance sheet "In favor of?"
>- Assignments or discharges must come from MERS only.
>- List MERS only, not the underlying lender, unless the lender signs as an agent of MERS.
• Mortgages recorded in error, instead of being registered, if not caught right away, need
Land Court approval before we can register them. Could there be any leniency in
allowing registries to bring the mortgage over to a Certificate as long as no other
documents have been registered?
>- A new guideline coming, but until then, if it is attorney error, an "S" petition must be filed unless it has
both recorded and registered land on it. If it has both lands, the original should stay in registered land
and a certified copy should be put in the recorded land records.
>- If it's a registry employee error, call Ed.
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42. Mortgage Electronic Registration Systems ("MERS")
(May I, 2000, Revised February 27, 2009)
MERS is a national electronic registry for tracking servicing rights and beneficial
ownership interests in mortgage loans; it also acts as the mortgagee of record and, as such, is the
nominee for both the servicer and the beneficial owners of mortgage loans in the public land
records.
MERS becomes mortgagee of record in one of two ways: the first is by an assignment
from a lender or servicer to MERS; the second is by being the mortgagee of record as nominee in
the original security instrument when the loan is closed.
In either case the holder of the mortgage on the encumbrance sheet will be listed as
Mortgage Electronic Registration System, Inc., without any reference to the institution for which
MERS is holding the mortgage, whether or not the original mortgage or any subsequently filed
instrument affecting the mortgage makes reference to the party for whose benefit MERS is
holding the mortgage.
Registry districts should not (without approval from Boston) accept a mortgage running
to MERS which does not contain language substantially the same as the language set forth below.
An assignment of a mortgage to MERS does not require similar language.
A discharge properly executed by MERS, with or without reference to any party for
whose benefit MERS is holding the mortgage, shall be accepted for filing. A discharge executed
only by the underlying lender for whose benefit MERS is holding the mortgage shall not be
accepted for filing without approval from the court's Chief Title Examiner or order of the court.
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59. Indefinite References
(Added February 27, 2009)
The provisions of G. L. c.184, §25, the "indefinite reference" statute, protect titles from
being or becoming subject to various types of interests which are not set forth in recorded or
registered instruments.
But this statute, by its terms, does "not apply to a reference to an instrument in a notice or
statement permitted by law to be recorded instead of such instrument." For this reason, Registry
Districts should not treat as indefinite references, and should not on that ground refuse to accept,
documents which are notices or statements permitted by law to be recorded instead of, or in the
place of, another instrument. Examples of these notices or statements include notices of lease,
notices of assignment of leases, and notices of contract and of substantial completion under the
mechanic's lien statutes.
The indefinite reference statute also does not apply to a reference to the secured
obligation in a mortgage or other instrument appearing of record to be given as security. It is
permissible to refer--in a mortgage, collateral assignment of leases and rents, or similar registered
instrument--to a promissory note, security agreement, construction agreement, construction loan
agreement, option agreement, purchase and sale agreement, or similar agreement for which the
mortgage or other registered document is given as security, even though the agreement referred
to is not registered with the mortgage.
As to the provisions of the indefinite reference statute that deal with a conveyance to a
party as trustee where there is no recorded trust instrument, see Land Court Guideline No. 51,
Trusts: Conveyances to Trustees.
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3. Administrative Agent for Multiple Lenders
(May 1, 2000)
This Guideline relates to mortgages in which the mortgagee is stated to be an agent for
several lenders whose identity is not disclosed in the mortgage. Typically the loan is being made
to the borrower pursuant to a Credit Agreement which is not of record.
These mortgages can be dealt with in a fashion similar to the requirements for nominee
trusts, that is, the names of the lenders need not be disclosed so long as there are the requisite
indicia of authority for the agent to act with respect to the mortgage, just as the beneficiaries of a
nominee trust need not be identified.
The mortgage must be presented with a certificate from the bank or other entity acting as
agent; alternatively, the statements required for a certificate may be made part of or appended to
the mortgage, if the agent also executes the mortgage.
The certificate must refer to the Credit Agreement or other comparable governing
document, set forth the authority of the agent as to the execution of documents including
amendments, and any time limits on the authority of the agent. A form of certificate is attached.
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