Are Mortgages Public Record? What You Can And Can’t See

Many homeowners, buyers, and investors want to know whether mortgage details are publicly accessible. The answer is yes, mortgages are public record, but not all mortgage details are.

Documents establishing the lien and property transfers are freely accessible via the county recorder or registry. However, financial and personal information regarding the specific loan payment agreement is not public record.

In other words, you can look up whether a mortgage exists for a property and for how much, but you can’t see specific details about payments, interest rates, or other private information.

Regardless of whether you are buying, selling, or looking to invest, public property records are a great resource for planning and performing due diligence. You can search property records and mortgages to identify liens that could affect the sale or find property details that could figure into negotiations.

What ‘public record’ means in real estate

When a document is in the public record, it means that it is a legal document filed with a government agency and subject to viewing by anyone.

In the context of real estate, public documents record who owns which property and details about property sales, transfers, and tax assessments.

Property-related documents — i.e., deeds, liens, and mortgages — are considered public record to promote transparency and establish ownership. The government also keeps records of who has liens on property to assess taxes and to protect both the buyer and seller from fraudulent claims.

When you buy a home, you record the transaction through your local county recorder’s office or registry. Recording this document ties you to the property and shows you are the owner. Similarly, when you sell a home, the transaction is recorded to show that the property has changed hands.

You can search through property records at your county office, either in person or through an online database. There are also online services that you can pay for to search for home titles and other related information.

Mortgage public records are a valuable resource for buyers, sellers, and investors, as they provide critical information for sales negotiations and investment decisions.

Which mortgage documents are public (and which aren’t)

Let’s take a closer look at both public and private mortgage documents.

• Mortgage or deed of trust (public): Mortgages and deeds of trust are the primary methods by which states create liens on properties. These documents are what give lenders the right to foreclose on your home if you stop making payments on your loans, and they are publicly viewable.
• Promissory note (private): The mortgage promissory note is a distinct document that details the agreement between the borrower and the lender, including the payment terms, interest rate, and other financial obligations. The lender holds the promissory note, so it’s not entered into the public record.
• Assignments or transfers (public): A mortgage assignment or document of transfer details how a loan changes from one lender to another. This is most often the case when the original lender sells the loan to another institution. Note that some mortgages are not transferable.
• Release/satisfaction of mortgage (public): These documents show that the borrower has paid off their loan and the lender has released their lien on the property. Generally, the lender files a release document within 30 days of paying the loan balance in full.

Disclosure vs. non-disclosure states

Whether the sales price for a given property is public record depends on whether the state is a disclosure or non-disclosure state. There are currently 12 non-disclosure states that do not disclose sales prices to the public record.

Buyers in non-disclosure states can still get information on a home’s sales price through sources like real estate agents or hiring an appraiser. They can also assess documents like tax records to estimate home prices.

What information appears in public mortgage records?

Below are the most important bits of information that show up in mortgage public records.

• Borrower and lender information: Public records should include the names of the lender and borrowers, as well as any co-borrowers and co-signers.
• Property address and legal description: The property’s physical mailing address and legal description are also available. The legal description is essentially a detailed recording of the land’s legal boundaries, which is necessary to determine ownership of the appropriate parcel.
• Original loan amount: The original loan amount is the original value of the mortgage. Keep in mind that this is not necessarily the value of the property, but it can be used to estimate the property value.
• Recording date and document number: You should also be able to find the mortgage closing date as well as the mortgage document number. The document number is a unique identifier that the county assigns to the mortgage for recordkeeping purposes.
• Assignment or transfer history: Lastly, you can find the mortgage assignment or transfer history. This is how you can tell if the mortgage has been sold or changed hands in the past.

With public mortgage records, you should be able to determine who currently owns the property and which lender holds a lien if the borrower defaults.

What isn’t public record

Not all details of a mortgage are available to the public.

• Current loan balance: The current loan balance is the remaining amount the borrower still has to pay and is typically only visible to the borrower and lender.
• Interest rate: The agreed-upon interest rate is part of the private payment agreement between the borrower and lender, so it’s usually not part of the record.
• Type of mortgage: Similarly, the type of mortgage (e.g., fixed v. adjustable rate) is part of the private agreement and not available to the public.
• Repayment terms: Specific repayment terms, like the monthly payment, are not available in public records.
• Borrower's Social Security number: Private financial and personally identifying information about the buyer is not accessible.

So, no, you cannot see what your neighbor still owes on their mortgage. However, you can use publicly available information to indirectly estimate those kinds of facts.

For example, you can find the original value of the mortgage and use a mortgage amortization calculator to estimate the owner’s current equity and remaining loan balance.

Being diligent with your homework and using public data can give you a significant advantage in property negotiations.

Why mortgages are recorded

There are several reasons why the government records mortgages, most of which relate to establishing property ownership and reducing disputes.

• Establish the lender’s lien and priority: Most importantly, recording mortgages is how the government establishes the lender’s lien on the property and priority in debt collection. If the borrower defaults on the loan, the recorded mortgage and deed of trust are what allow the lender to foreclose on the property.
• Prevents fraudulent claims: Recording mortgages also prevents fraudulent claims and property disputes. The public record creates a chain of ownership that can be used to prove who has a valid claim in the property. For example, lenders cannot foreclose on the loan if there are no public documents linking them to the mortgage.
• Provides transparency: Lastly, recording a mortgage provides transparency for the borrower and lender, ensuring all parties are on the same page.

Exact mortgage recording procedures differ depending on the specific state, county, and city, but the basics remain the same. When you close the loan, you (or the lender) submit the documents to the court recorder, either by mail or digitally.

Once received, the county registry will enter the documents into the record, making them available to the public. Most local governments will charge a small recording fee to make the document public, which is usually part of closing costs.

Failing to record a mortgage can lead to difficulties, like ownership disputes. In many cases, lenders won’t complete the mortgage until it’s recorded.

How to find mortgage public records

Below is a quick step-by-step guide on finding mortgages via public records. The exact details will depend on the specific county/city, but the general process should remain the same.

1. Identify your county recorder or registry

Most mortgages are filed at the county level, so the county record or registry should be the first place you look. Recorders and registries are responsible for ensuring that all public documents are preserved and organized for the public to view.

2. Use the online portal (if available)

Many county registries have online databases, allowing you to search for information on public documents. Usually, you can choose to search through various types of documents, including property records, marriage licenses, and other records.

3. Search by owner name, address, or parcel number 

You can search by the owner’s name/address or the parcel number, if you have it. Depending on the database, you may also be able to search according to date ranges when the documents were filed.

4. Review results for recorded mortgage or deed of trust

If the deed or recorded mortgage was filed, it should show up in your results. From here, you can browse the results to find the specific documents you need.

5. Request certified copies if needed

Whether you are doing research or verifying the seller’s asking price, you may need certified copies of mortgage documents. Most county registries will provide physical copies of documents for a fee per page.

Why it matters: Implications for homeowners, buyers, and investors

Public mortgage records have several uses and can be used to settle disputes and plan real estate decisions.

Verifying lien releases after payoff

When you pay off a mortgage, the lender should notify the county that the lien has been released and that it has no further claim on your property.

If the lender doesn’t record the lien release, it could cause issues if you want to sell the property in the future.

Checking for second mortgage/HELOCs before buying

If a home has a second mortgage or HELOC, the sales proceeds might not be enough to cover the remaining loan balance.

 A property cannot transfer hands until all outstanding liens are settled, so an outstanding mortgage or HELOC could limit opportunities.

Understanding property encumbrances for investment due diligence

Property encumbrances, such as liens or encroachments, can affect a property’s value, profitability, and marketability.

Some lenders might be hesitant to provide loans for properties with encumbrances. A property lien might also limit how you can use and develop a property if you buy it.

State variations and special cases

Different states have laws concerning recording mortgages, and procedures will differ from county to county.

There are also some special systems for specific types of mortgage records. For example, the Mortgage Electronic Registration System (MERS) records information on mortgage transfers and servicing rights nationwide.

MERS records transfers digitally so that lenders don’t have to file transfers with the specific county every time the loan changes hands.

Other special types of mortgage documents are also part of the public record:

• Reverse mortgages: Reverse mortgages are also part of the public record. They are filed with the county records office and appear on the title for a given property. However, like regular mortgages, private details of reverse mortgages are not publicly accessible.
• HELOCs: Home equity lines of credit (HELOCs) are also part of the public record because a lien is placed on the house. When you secure a HELOC, you are effectively taking out a loan against the equity you have built in your home. Like a mortgage, the lien gives the lender the right to foreclose on the property if you don’t repay.

The bottom line

Mortgages are public record because they are legal documents defining ownership and interest in a piece of property. Recording these loans creates liens that lenders can use to foreclose on the property if the borrower stops making payments on the loan.

However, sensitive loan details, including payment structure and private, personal information, are not part of the public record.

Public documents are a good resource for real estate planning. If you are currently researching property liens for buying or selling, you should start with your local county records office.

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