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Title · 3 statesOld unreleased mortgages by state: when the lien expires on its own

A mortgage paid off decades ago but never released can still show up on a title commitment. Some states end the lien by statute after a set time. Oklahoma: since November 1, 2001, a mortgage, contract for deed or deed of trust ceases to be a lien seven years after its last maturing obligation falls due, or thirty years after recording if no due date appears, unless the holder records a notice of extension or maturity date; a barred mortgage isn't a defect in marketable title (46 O.S. §301). Arizona: the lien expires ten years after the final maturity date in the recorder's records, or fifty years after recording if none appears, unless a notice of intent to preserve is recorded; expiration equals a release (A.R.S. §33-714). Alabama: as to third parties without notice, a recorded mortgage or vendor's lien 20 years past due is conclusively presumed paid unless the record shows a payment credited within the last 20 years (Ala. Code §35-10-20).

When each state ends the lien

  1. Oklahoma (46 O.S. §301)

    Seven years after the last obligation is due; thirty years if no due date; notice of extension preserves it.

  2. Arizona (A.R.S. §33-714)

    Ten years after maturity; fifty years if none on record; notice of intent to preserve.

  3. Alabama (Ala. Code §35-10-20)

    Presumed paid 20 years past due unless a payment credit is on the record.

What the TC does with an old mortgage on title

  • Ask the title company whether the old mortgage has expired or is presumed paid under the state statute.
  • Ask whether any notice or payment credit was recorded that keeps it alive.
  • If it is still a lien, get a payoff or release from the holder or its successor before closing.

Questions about old mortgages on title

Does an old mortgage that was never released block a sale?

It depends on the state and the dates. Oklahoma (46 O.S. §301), Arizona (A.R.S. §33-714) and Alabama (Ala. Code §35-10-20) end or presume paid the lien after a set period unless a notice or payment credit is recorded; ask the title company whether it will insure over it.

Which state has the shortest period?

Among these, Oklahoma: seven years after the last maturing obligation falls due, for periods running since November 1, 2001 (46 O.S. §301(B)).

State guides

Track each old lien and the title company's decision as title tasks in ClosingCode.

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Sources: 46 O.S. §301 (oklegislature.gov); A.R.S. §33-714 (azleg.gov); Ala. Code §35-10-20 (alison.legislature.state.al.us); all read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.