Escrow & Title

A Mississippi title search shows that a property was previously subject to a deed of trust that was foreclosed upon 15 years ago. However, the satisfaction or trustee's deed from the foreclosure was never recorded. The title searcher finds:

ANo issue since 15 years of inactivity extinguishes the lien
BA cloud on title that must be cleared — the missing recorded document creates title uncertainty requiring documentation or a quiet title action✓ Correct
CThe lien automatically extinguished 10 years after foreclosure
DThis is the foreclosing lender's problem, not the current owner's

Explanation

Every instrument affecting title should be properly recorded to maintain a clean chain of title. Missing recorded documents (trustee's deeds from foreclosure, satisfactions, releases) create clouds on title.

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