Dear Mr. Azrael:

My wife sold her family home when her parents died. She kept the mortgage, and the buyer has been making monthly payments to her. The last payment is due to be made the first of December this year.

My question is, what needs to be done? Is there a form which needs to be filed; or are there papers to give to the buyer?

If we need forms, where do we get them? The house is in Calvert County.

Calvin K. Emerson Baltimore

Dear Mr. Emerson:

When the mortgage has been paid off, the borrower is entitled to a written release. Maryland law provides several methods to release a paid-off mortgage or deed of trust:

You can type a release on the mortgage or deed of trust, and return the original instrument to the borrower. The following release language will be sufficient: "The mortgage/deed of trust having been fully paid, the mortgage/deed of trust is hereby released." The holder of the mortgage or deed of trust must sign their name under this release statement.

Alternatively, you (or the borrower) can prepare a separate release instrument, which the mortgage or deed of trust holder would sign. This release instrument refers to the liber and folio where the original mortgage/deed of trust was recorded, and states that the mortgage/deed of trust has been paid and is released. The signature on the separate release should be notarized. Many stationery stores carry form releases, which should be sufficient.

Maryland law also authorizes the use of a Certificate of Satisfaction, which must be in a form set forth in Section 4-203(d) of the Real Property Article of the Annotated Code of Maryland. The relevant code section can be accessed on the Internet through the State of Maryland Web site, or at local libraries that have the Maryland Code available.

I suggest you advise the borrower to prepare a release and send it to you to sign once the final mortgage payment has been made.