When mortgagee dead

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§ 465. When mortgagee dead

When it appears from the record of a mortgage on real estate that such mortgage is undischarged, and the mortgagee therein named, or the person to whom such mortgage is assigned, is deceased, the owner of such real estate may make written application to the probate division of the superior court of the district within which such real estate is situated for the appointment of an administrator of the estate of such deceased mortgagee or assignee to discharge such mortgage. The probate division of the superior court may appoint an administrator of such deceased mortgagee or assignee to discharge such mortgage, if upon hearing and upon payment of the costs of such hearing, the administrator is satisfied that the conditions of such mortgage have been complied with and is further satisfied that there is no person within the state having authority to discharge such mortgage. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)


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