39. Mortgages: discharges and assignments; collateral security documents

(May 1, 2000)

If there is noted on a certificate of title a mortgage and a conditional assignment of leases and rents (or similar accompanying financing documents such as an assignment of project documents, assignment of purchase and sale agreements, etc.) which assignment contains no express language evidencing an intent that it not be released upon the discharge of the mortgage, and a discharge of the mortgage is registered containing the words "and the note and claim thereby secured" or "acknowledges satisfaction thereof" or "acknowledges satisfaction of the same" or substantially similar language, you should drop the mortgage and all the ancillary documents when a new certificate is written. If the discharge of the mortgage does not contain a recital or other evidence that the underlying obligation has been satisfied, you must carry forward the assignment of leases and rents and/or other accompanying financing documents.

If an assignment of a mortgage includes the words "assigns said mortgage and the note and claim secured thereby", said assignment will also include the rights of the mortgagee in and to the ancillary financing documents.

You are also referred to Guideline 38. Mortgages: Discharges, Partial Releases and Assignments; Persons Signing.

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