Expunge Erroneous Sat - The Law Office of Ronald D. Weiss, P.C.
Expunge Erroneous Sat What proof is required by the Plaintiff to discharge an allegedly erroneous Satisfaction of Mortgage? In the practice of foreclosure litigation , I have encountered situations where the Mortgagee commences a Quiet Title action to expunge an erroneous Satisfaction of Mortgage. In other cases, the Mortgagee may seek this relief as a separate cause of action in its foreclosure complaint. If the Mortgagee’s request for this relief is contested, the Courts are forced to examine the actual evidence offered by the Plaintiff and determine whether the Plaintiff has made out its prima facie case. In cases where the underlying mortgage has been assigned multiple time, the Plaintiff may not be able to obtain an Affidavit attesting to the erroneous execution of the Satisfaction or Discharge of the mortgage. In these situations, the Court should deny the Plaintiff’s request for an Order declaring the Satisfaction of Mortgage to be null and void. ...