Various matters shown on a certificate of title’s memorandum of encumbrances may expire or become of no force and effect by passage of time and/or by operation of law.
Examples include:
- attachments and executions which have not timely been carried forward;
- restrictions and conditions which expire by statute and have not been removed of record;
- restrictions which have expired by their terms;
- leases (and notices of lease) the terms of which, taking into account all available extensions, have all passed;
- UCC-1 financing statements which have not been continued within the statutory period;
- municipal betterments and assessments.
In such cases, the District should enter, directly on the memorandum of the relevant encumbrance, an appropriate notation such as “Expired by Statute” or “Expired by its Own Terms” to reflect that the listed encumbrance is no longer in force and effect. The notation should be made in a manner similar to that used to indicate the discharge of a mortgage following filing of an appropriate mortgage discharge.
These notations should be made by the Districts on their own or upon request of an interested party. These notations should be made by the Districts without further approval from the Court if there is no issue about the expiration of the encumbrances. Doubtful questions may of course be referred to the Court’s Chief Title Examiner or his or her designee.