Any mortgage of registered land which does not set out any term or maturity date of the obligation secured, expires 35 years after the date of registration of the mortgage. Any mortgage of registered land in which a term or maturity date for the secured obligation is stated, expires 5 years after the stated term or maturity date.
However, in either case, if there has been registered an extension, acknowledgment or affidavit that the mortgage has not been satisfied, the period shall continue until 5 years shall have elapsed during which there is not registered any further extension of the mortgage, or acknowledgment or affidavit that the mortgage is not satisfied.
Pursuant to M.G.L. c. 260, § 33:
Upon the expiration of the period provided herein, the mortgage shall be considered discharged for all purposes without the necessity of further action by the owner of the equity of redemption or any other persons having an interest in the mortgaged property and, (emphasis added) in the case of registered land, upon the payment of the fee for the recording of a discharge, the mortgage shall be marked as discharged on the relevant memorandum of encumbrances in the same manner as for any other mortgage duly discharged. (end of emphasis)
Upon written request, registries will discharge mortgages which meet the above criteria. The attached form is to be filled out and, upon the payment of a fee equal to that required for the registration of a discharge, a document number will be assigned to the form and a discharge notation entered on the Certificate of Title. The notation will make reference to M.G.L. c. 260, § 33.
Request for a Discharge Notation Pursuant to G. L. Ch. 260 § 33
Property Address: [Property Address]
Mortgage Document No.: [Mortgage Document Number]
Date of Registration: [Date of Registration]
Noted on Certif. of Title No.: [Certificate of Title Number]
Original Mortgagor: [Original Mortgagor Name]
Original Mortgagee: [Original Mortgagee Name]
Assignee(s), if any: [Assignee(s) Name(s)]
[assignment document number]
[check if applies] Stated Term or Maturity Date Which Is: [Date]
[check if applies] No Stated Term
[Signature of document signor]
Name: [Printed name]
Address: [Address]
Phone: [Phone number]
Date: [Date]