Escrow & Title

A Kansas seller's attorney conducts a title examination. The attorney discovers an open mortgage from 1995 that was paid off but never released. The seller should:

AProceed with the sale and let the buyer deal with it
BObtain a mortgage release (satisfaction of mortgage) from the lender before closing✓ Correct
CAsk the buyer to accept title with the open mortgage
DFile a quiet title action only if the buyer objects

Explanation

Before closing, the seller must clear all liens and encumbrances from title, including obtaining a formal release (satisfaction of mortgage) for any paid-off mortgages that were never formally discharged.

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