In re Foster

The importance of this motion to a numerous class of cases leads me to state my conclusions at some length. The petitioner seeks to have a lost mortgage cancelled of record, without the production of a satisfaction piece. The principal and interest due have been fully paid, but a satisfaction piece was never given or has been lost. The mortgagee has since died, leaving as his sole heirs at law and next of kin a daughter and two sons. No letters testamentary or of administration have ever been issued. A previous application for relief was denied on one or both of the two grounds: (1) that not…