Reading the Sequence of Deeds, Mortgages, and Discharges
Read the recorded documents in date order, and each one should explain the next. A deed moves ownership, a mortgage borrows against the property, and a discharge shows that loan was paid off. Gaps or oddities, like a mortgage with no discharge or an owner's name that changes without a deed, aren't proof that something is wrong. They are questions to raise with a title examiner or attorney before closing.
Step 1: Build a simple timeline
List every document you find at the county Registry of Deeds in date order. For each one, write down the date, the document type, the parties, and the book and page. This one table makes most patterns easy to see.
Step 2: Pair every mortgage with its outcome
Every mortgage should end one of three ways:
- A discharge. The loan was paid off, and the lender recorded a release.
- An assignment. The loan was sold to another lender, which is common and usually routine.
- Still open. This is normal for the current owner's loan, which is typically paid off at closing.
A mortgage from an earlier owner with no discharge is the one to flag.
Step 3: Match the names
The grantee on one deed should be the grantor on the next. When a name changes, look for the reason. It could be a marriage, a transfer into a trust or company, or an owner's death and the estate that followed.
Step 4: Compare the property descriptions
Read the land description in each deed. If the acreage, boundaries, or lot references change, look for a recorded plan, a subdivision, or a boundary line adjustment that explains it.
Step 5: Watch the pace and pattern
Several sales in a short time, or a sale soon after a foreclosure, is worth noting. The pace itself isn't a problem. It just tells you what to ask about next, like permits for renovation work.
What common oddities usually mean
- A mortgage with no discharge. Often the loan was paid but the release was never recorded. This is usually fixable, and the title company will want it cleared before closing.
- A long chain of assignments. The loan was sold more than once. This is common, but it matters if a discharge has to be tracked down.
- A name gap. A deed may be missing, or an estate may not have gone through probate, the court process for settling a deceased person's property. In New Hampshire, the Circuit Court Probate Division handles probate.
- A transfer for a nominal amount. Transfers between family members or into a trust may list a nominal amount. This can happen as part of estate planning.
- Liens and attachments. Tax liens, mechanic's liens, and court attachments generally need to be released before a clean sale.
- A foreclosure deed. The lender took the property back and sold it. It's worth asking about condition and any follow-up filings.
- A changing description. Land was likely split off, added, or resurveyed.
What this means for a buyer
Most title issues get resolved before closing, usually by the seller's attorney or title company. Spotting them early gives everyone time to fix them without pushing back the closing date. Treat your timeline as a list of questions, not conclusions.
FAQ
What is a mortgage discharge?
It's the recorded document showing a loan was paid off and the lender no longer has a claim on the property.
Is a mortgage with no discharge a problem?
It needs to be cleared, but it's often a paperwork gap rather than an unpaid debt. A title examiner can confirm which it is.
What is an assignment of mortgage?
It records that a loan was transferred from one lender to another.
Why would a property transfer for a nominal amount?
This may happen with transfers between family members, into a trust, or into a company the owner controls.
Who fixes a title problem?
It's usually the seller, working through their attorney or title company before closing.