Can a Debtor File a Satisfaction of Mortgage?
Full Question:
Answer:
A satisfaction of mortgage form is typically filed by the lender to release the debtor's obligation on the loan. The debtor cannot file a satisfaction of mortgage form on his own initiative.
Please see the following MA statutes:
G.L.c. 183, § 54. Definitions; method of discharge
Section 54. (a) For the purposes of sections 54 to 55, inclusive, the
following words, unless the context otherwise requires, shall have the
following meanings: —
"Authorized person", a person authorized to act on behalf of another
person by a written document signed by the person on whose behalf the
person authorized thereby is acting. A photocopy, facsimile or scanned
image of such document accompanying a request, demand or notice pursuant
to sections 54 to 55, inclusive, may be relied upon by any recipient
thereof acting in good faith.
"Bank confirmation of wire transmission", for wired funds, a written
confirmation of the same issued by the bank or other institution
transmitting payment, including a written print-out by facsimile or other
electronic transmission, that recites the beneficiary account number and
other payee information prescribed in a payoff statement.
"Discharge", a duly executed and acknowledged deed of release of a
mortgage or other written instrument that, by its terms, discharges or
releases a mortgage or the lien thereof or acknowledges payment or
satisfaction of a mortgage or the debt or obligation secured by a
mortgage or the conditions therein contained, or, in the case of a
partial release, a duly executed and acknowledged instrument that, by its
terms, discharges or releases a mortgage or the lien thereof from less
than all of the property encumbered by the mortgage.
"Mortgagee", the holder of record of a mortgage; but, if the mortgage
was properly assigned of record, mortgagee shall mean the last person to
whom the mortgage was so assigned.
"Mortgage servicer", the last person servicing a mortgage loan who is
required under section 54D to provide a payoff statement with respect to
the mortgage loan, whether or not appearing of record as the mortgagee.
"Mortgagor", a grantor of a mortgage, the grantor's heirs, successors
or assigns, or any other person who is an obligor of a note or other
obligation secured by a mortgage.
"Note holder", the holder of a note evidencing a debt or any other
obligation secured by a mortgage; but, if the note holder is not the
holder of record of the mortgage, the note shall contain the appropriate
endorsements evidencing the transfer of ownership thereof to said
holder.
"Payoff statement", a statement in writing, including a written
print-out by facsimile or other electronic transmission, issued at the
request of the mortgagor or an authorized person on his behalf by a
mortgagee, mortgage servicer or note holder indicating the amount of the
unpaid balance of the mortgage loan, including principal, interest and
other charges assessed pursuant to the mortgage loan, which may include
the interest on a per diem basis with respect to the unpaid principal
balance of the mortgage. A payoff statement shall include, where the
context permits, a statement provided to the mortgagor or an authorized
person on his behalf by a mortgagee, mortgage servicer or note holder,
indicating the amount of the unpaid balance of the mortgage loan or other
obligation that must be paid in order to issue a partial release of a
mortgage.
"Person", an individual, corporation, limited liability company, business
trust, testamentary trust, partnership, association, joint venture,
government, governmental subdivision or agency or other legal entity.
"Recordation", "recording" or "recorded", a recording with the registry
of deeds in accordance with this chapter, or registration with the
registry district of the land court in accordance with chapter 185.
"Recording information", the date of recording or filing of an
instrument or document at a registry of deeds or registry district of the
land court, and the applicable book number and page number, or the land
court document number, as assigned by the register of deeds or assistant
recorder of the land court.
"Servicing", the receipt by a mortgage servicer of scheduled periodic
payments and payoff monies from a mortgagor on a mortgage loan, and the
allocation of the payments to principal, interest, municipal real estate
taxes and other appropriate assessments and charges, all pursuant to the
terms of the loan.
(b) A mortgage may be discharged by 1 of 2 or more joint holders of a
mortgage or the mortgagee, mortgage servicer or note holder, or an heir,
executor, administrator, successor or assignee thereof, but, the
discharge shall comply with the requirements of subsection (b) of section
55. The discharge shall have the same effect as a deed of release, and
may be recorded when duly executed and acknowledged or on proof of its
execution in accordance with sections 34 to 41, inclusive, or on such
other proof of its due execution by credible evidence in the form of
corroborating documents or affidavits establishing the authenticity of
the discharge and the execution thereof and, in that case, the discharge
and the corroborating documents or affidavits may be recorded along with
or as exhibits to an affidavit under section 5B that refers to the
documents or affidavits. The recordation of a duly executed and
acknowledged or proven discharge as provided herein shall be conclusive
evidence that the mortgage has been discharged, notwithstanding the fact
that the party signing the instrument may have assigned the note or other
evidence of debt to another party, unless the assignment had been duly
recorded before the instrument discharging the mortgage. If a discharge
is executed by a person who is not the holder of record at the time the
discharge is recorded, the recorded discharge shall become conclusive
when an assignment of mortgage from the then record holder or holders to
that person is thereafter recorded. A discharge shall contain the street
address of the mortgaged property, the book number and page number or the
land court document number and recording date of the mortgage, and the
name of the original mortgagor; but, the failure to include the
information shall not affect the validity of the instrument. This section
shall apply notwithstanding section 3-116 of chapter 106.
G.L.c. 183, § 55. Discharge of mortgage; contents and recording;
liability for failure to discharge or negligent discharge; affidavits
Section 55. (a)(1) A mortgagee, mortgage servicer or note holder who
receives full payment and satisfaction of the conditions of a mortgage
shall, within 45 days of receipt of payment, (i) cause to be recorded a
duly executed and acknowledged discharge that conforms with subsection
(b) and provide to the closing attorney, settlement agent or other person
transmitting the payoff a copy of the discharge, together with the
recording information therefor, or (ii) provide to the closing attorney,
settlement agent or other person transmitting the payoff a duly executed
and acknowledged discharge, also so conforming, which documents, in
either case, shall be provided to the closing attorney, settlement agent
or other person, irrespective of whether the mortgagee, mortgage servicer
or note holder has withheld the fee for recording the discharge. Merely
providing a copy of the discharge and evidence that the discharge was sent
to a registry of deeds for recording shall not constitute compliance with
this section unless the recording information required herein is noted on
the copy.
(2) In addition to any other requirements under this section or section
54C, if the mortgagee, mortgage servicer or note holder elects to provide
the discharge to the person transmitting the payoff and that person is
someone other than a closing attorney or settlement agent, the discharge
shall be accompanied by a transmittal letter that contains a statement in
substantially the following form, in not less than 10-point boldface
type:
ENCLOSED WITH THIS LETTER IS A DISCHARGE OF YOUR MORTGAGE AND OTHER
DOCUMENTATION IF NECESSARY TO SHOW THAT WE WERE THE HOLDER OF YOUR MORTGAGE
WHEN IT WAS PAID. THESE ARE IMPORTANT LEGAL DOCUMENTS.
IN ORDER TO RELEASE THE MORTGAGEE FROM THE TITLE TO THE PROPERTY, YOU
MUST RECORD THE DISCHARGE AND ACCOMPANYING DOCUMENTATION, IF ANY, AT THE
SAME REGISTRY OF DEEDS IN WHICH YOUR DEED WAS RECORDED. ALL RECORDING
FEES THAT WE ARE REQUIRED TO PAY UNDER MASSACHUSETTS LAW HAVE BEEN
INCLUDED IN THE ENCLOSED CHECK. THE RECORDING FEE FOR THE DISCHARGE
ITSELF, UNLESS PAID BY YOU WITH THE LOAN PAYOFF, IS YOUR RESPONSIBILITY.
IT IS IN YOUR BEST INTERESTS TO RECORD THE DISCHARGE AND ACCOMPANYING
DOCUMENTATION AS SOON AS POSSIBLE. IF YOU ARE UNSURE WHAT TO DO, PLEASE
SEEK THE ADVICE OF AN ATTORNEY OR A CLERK AT THE REGISTRY OF DEEDS.
(b) In addition to containing the mortgage reference information
required in subsection (b) of section 54, such discharge shall be
executed and acknowledged by the holder of the mortgage and the note or
other obligation secured thereby or an authorized person or entity acting
on behalf of the holder. If the holder is not the holder of record, the
holder shall also specify by what means the holder became the holder of
such mortgage and the note or other obligation secured thereby, and
shall: (1) specify the recording information for the documentation on
record in the registry district where the mortgage is recorded supporting
the holder's status as such; or (2) record the documentation, along with
the discharge, if the holder records the discharge; or (3) provide to the
closing attorney, settlement agent or other person transmitting the
payoff the recordable discharge and the documentation in recordable form
necessary to establish the holder's status of record, such documentation
shall include, but not be limited to: the note, any assignments,
certificates of change of name or certificates of merger; provided,
however, that, if the holder's status as such is based upon a corporate
change of name or identity by any of the actions or events described in
subsection (i) and the discharge refers to those actions or events as
provided in said subsection (i), then the holder need not provide or
record any further documentation in support of such actions or events. If
the discharge is executed on behalf of a mortgage and note holder by a
mortgage servicer, an attorney-in-fact under a power of attorney or other
agent, the mortgage servicer, attorney-in-fact or other agent shall, in
addition to the information and documents required of the mortgage and
note holder, provide to the closing attorney, settlement agent or other
person transmitting the payoff the recordable discharge and the
documentation in recordable form necessary to establish the authority of
the agent of the mortgage and note holder to act on behalf thereof, or
the recording information for the documentation if already recorded in
the registry district where the mortgage is recorded. Such documentation
shall include, but not be limited to the servicing agreement, power of
attorney or other written authorization from the mortgage and note holder
to so act on behalf thereof. Any mortgage and note holder, servicer,
attorney-in-fact or other agent for the mortgage and note holder who
provides to the closing attorney, settlement agent or other person
transmitting the payoff the documentation, rather than recording the same
and providing the recording information to such person, shall also
forward to the closing attorney, settlement agent or other person all
recording fees established under sections 38 or 39 of chapter 262
necessary to record the documents.
(c)(1)(i) A mortgagee, mortgage servicer, note holder who has accepted
full payment and satisfaction of the conditions of a mortgage in
accordance with a payoff statement issued by the mortgagee, mortgage
servicer or note holder, as the case may be, and who fails to record or
provide to the closing attorney, settlement agent or other person
transmitting the payoff a duly executed and acknowledged discharge of
that mortgage, or partial release, or to provide such supporting
documents required by this section or section 54C relative to such
mortgage, within 45 days after the acceptance, shall be liable in damages
to the mortgagor, as that term is defined in section 54, in an amount
equal to the greater of $2,500 or the actual damages sustained by the
mortgagor as the result of the failure, together with reasonable
attorneys fees and costs, in addition to all other remedies available at
law.
(ii) The liability set forth herein shall be limited, however, to
actual damages sustained by the mortgagor if, within 30 days of receipt
by certified mail, in-hand delivery, or overnight delivery of a written
demand from the mortgagor or an authorized person on behalf thereof, the
mortgagee, mortgage servicer or note holder provides or pays as
demanded, a discharge in proper form complying with this section,
including the necessary supporting documentation as required by this
section or section 54C, and the required recording fees, plus actual
damages as the mortgagor reasonably establishes are attributable to the
failure to comply with said section 54C or this section.
(2) In the event that a mortgagee, mortgage servicer or note holder
required to record or provide a discharge under subsection (a) elects to
comply by sending the discharge and any required supporting documentation
and recording fees to the closing attorney, settlement agent or other
person transmitting the payoff, such mortgagee, mortgage servicer or note
holder shall have no liability under this subsection, if: (a) it can
reasonably demonstrate by documentation or other evidence from its files
or business records with respect to the particular mortgage that the
discharge and any required supporting documentation and recording fees
were sent to the closing attorney, settlement agent or other person
transmitting the payoff within the prescribed time period, or (b) in the
event that the records are no longer available, compliance is reasonably
demonstrated by showing that the mortgagee, mortgage servicer or note
holder has established reasonable procedures to achieve compliance with
its obligations under this section and that the procedures are routinely
followed and have become an established business practice of the
mortgagee, mortgage servicer or note holder; provided in either case,
however, that the mortgagee, mortgage servicer or note holder provides to
a mortgagor or an authorized person acting on behalf thereof a
confirmatory discharge complying with subsections (a) and (b) within 30
days after receipt by certified mail or commercial overnight or in-hand
delivery of a written demand therefor. In such case the mortgagee,
mortgage servicer or note holder who reasonably demonstrates compliance
with this paragraph shall be entitled to charge a reasonable fee for
providing the confirmatory discharge and any required supporting
documentation and shall not be responsible for any recording fees
therefor.
(d) A closing attorney, settlement agent or other person who has
received a discharge of a mortgage under subsection (a), provided that
the discharge complies with the requirements of subsection (b), shall
record the discharge within 45 days of the receipt. If the person fails
to record the discharge within that time, he shall be liable in damages
to the mortgagor, as that term is defined in section 54, in an amount
equal to the greater of $2,500 or the actual damages sustained by the
mortgagor as the result of the failure, together with reasonable
attorneys fees and costs, in addition to all other remedies available at
law. The liability set forth herein shall be limited, however, to actual
damages sustained by the mortgagor if, within 30 days of receipt by
certified mail, or in-hand delivery or overnight delivery of a written
demand either to record the discharge or to provide it to the mortgagor
or to another attorney closing a transaction on the mortgaged property,
the person in possession of the discharge either records the discharge or
provides it to the mortgagor or the other attorney making the demand,
together with any recording fee previously withheld by the person from
the mortgagor's funds.
(e) With respect to a mortgage on 1-to-4-family residential property, a
mortgagee, mortgage servicer or note holder who has withheld the
recording fee for the discharge from the mortgagor's account, but fails
to record the discharge, shall, within 30 days after receipt of a written
demand sent certified mail by the mortgagor or an authorized person on
the mortgagor's behalf, return to the mortgagor or credit the mortgagor's
account all fees charged or withheld for recording the discharge,
together with interest at 6 per cent per annum. The mortgagee, mortgage
servicer or note holder who fails to comply with this subsection shall be
liable in damages to the mortgagor, as that term is defined in section
54, in an amount equal to the greater of the amount of fees charged to or
withheld from the mortgagor and not refunded or credited, with interest
thereon, plus $2,500, or the mortgagor's actual damages, together with
reasonable attorneys fees and costs, in addition to all other remedies
available at law.
(f) For purposes of this section, unless otherwise established, receipt
of a notice, demand, request or payment shall be presumed to occur either
on the fifth day after the postmark date, if mailed first class with
postage prepaid, or on the receipt or delivery date if transmitted by
registered or certified mail, or commercial overnight or in-hand delivery
service, or, in the case of a wire transfer of funds, the date appearing
on a bank confirmation of wire transmission, as the term is defined in
section 54.
(g)(1) Notwithstanding the foregoing, if the mortgagee, mortgage
servicer or note holder fails to record or provide to the closing
attorney, settlement agent or other person transmitting the payoff a duly
executed and acknowledged discharge of mortgage on 1-to-4-family
residential property within 45 days from receipt of full payment or
satisfaction of the indebtedness or other obligations secured by the
mortgage, together with any supporting documentation required under
subsection (b), or, if such discharge was provided but was not recorded
and is no longer available, an attorney-at-law licensed to practice in
the commonwealth may, on behalf of the mortgagor, the mortgagor's
executors, administrators, successors, assignees or transferees, or a
mortgagee thereof, execute and cause to be recorded in the registry
district in which the mortgage is recorded, an affidavit that includes a
description of the mortgage and any assignments thereof, including the
parties thereto, the address of the mortgaged property and the recording
information for the mortgage and any assignments, and that states:
(i) the affiant is an attorney-at-law in good standing and licensed to
practice in the commonwealth;
(ii) the affidavit is made on behalf of and at the request of the
mortgagor, the mortgagor's executors, administrators, successors,
assignees or transferees, or a mortgagee thereof;
(iii) whether the affiant has been able to ascertain that the
mortgagee, mortgage servicer or note holder has provided a written payoff
statement with respect to the loan or other financial obligation secured
by the mortgage;
(iv) the affiant has ascertained that the mortgagee, mortgage
servicer, or note holder has received full payment of the indebtedness
secured by the mortgage, and that the affiant is in possession of
documentary evidence of the payment, which may include a check that has
been negotiated by the mortgagee, mortgage servicer, or note holder, by a
bank confirmation of wire transmission, or by other documentary evidence
of full payment of the indebtedness secured by the mortgage, including
written confirmation by the affiant or another attorney in good standing
and licensed in the commonwealth of an oral acknowledgement by the
mortgagee, mortgage servicer or note holder of full payment, or an
affidavit under section 5B by the closing attorney, settlement agent or
other person transmitting the payoff describing the circumstances of the
payoff and certifying that the person has not received from the
mortgagee, mortgage servicer or note holder to whom the payoff was
transmitted any notification that the payment has been rejected or that
there is any other objection to the adequacy of the payment and that the
payoff transmittal has not been returned to the person as undeliverable or
for any other reason, without being retransmitted to and received by the
mortgagee, mortgage servicer or note holder to whom payment was sent;
(v) more than 45 days have elapsed since such payment was received by the
mortgagee, mortgage servicer or note holder;
(vi) the affiant or, if different, the closing attorney, settlement
agent or other person transmitting payment, has not been provided either
a discharge of mortgage or the recording information that evidences a
recorded discharge in compliance with subsections (a) and (b), or, if
provided, the discharge has not been recorded and is otherwise unavailable
for any reason; and
(vii) the affiant has given the mortgagee, mortgage servicer or note
holder to whom the payoff was sent at least 45 days' notice in writing by
certified mail that the affiant intends to execute and cause to be
recorded the affidavit, which notice shall refer to this subsection and
state that the affidavit will be recorded and will discharge the mortgage
unless, within 45 days after receipt of the notice, the mortgagee,
mortgage servicer or note holder either has complied with the
requirements of subsections (a) and (b) and demonstrated the same by
written notice to the affiant, has provided the affiant a confirmatory
discharge or has notified the affiant in writing that the payment was
inadequate and specifying the reason and amount of the inadequacy. The
notice shall be accompanied by copies of the proposed affidavit, the
documentary evidence of payment and the payoff statement, if available,
or contain a statement that a payoff statement is not available.
(2) Notwithstanding paragraph (1), a closing attorney or settlement
agent who transmits a payoff in the amount prescribed in a payoff
statement and in accordance with instructions provided therein may
include therewith a notice of intention to record a discharge by
affidavit in accordance with this subsection, to which reference shall be
made to inform the recipient of the provisions thereof, which notice
shall state:
(i) that payment is being made in accordance with the enclosed payoff
statement;
(ii) that within 45 days from receipt of the payment, either a
discharge of the mortgage or the recording information that evidences a
recorded discharge in compliance with subsections (a) and (b) shall be
provided by the recipient of the payoff to the closing attorney or
settlement agent;
(iii) that failure to so provide or record a proper discharge within
the 45 days shall expose the mortgagee, mortgage servicer or note holder
to liabilities and remedies under this section and shall, in addition,
entitle the affiant to execute and cause to be recorded an affidavit
discharging the mortgage in accordance with this section;
(iv) that a copy of the proposed affidavit, including therewith a
description of the mortgage and any assignments thereof, including the
parties thereto, the address of the mortgaged property and the recording
information for the mortgage and any assignments, is enclosed with the
notice; and
(v) that the affidavit will be recorded and will discharge the mortgage
unless, within 45 days after receipt of the notice, the affiant receives
from the mortgagee, mortgage servicer or note holder a written notice of
objection to the payoff, specifying any inadequacy in payment or any
other reason for objection.
The notice of intention to record said affidavit pursuant to this
paragraph (2) may be sent by regular mail, certified mail or by commercial
overnight or in-hand delivery service. If payoff funds are transmitted by
electronic transfer, a bank confirmation of wire transmission shall
accompany the notice.
(3) In the case of a notice under either paragraphs (1) or (2), if the
payoff was made and the notice was sent to a servicer or a note holder who
was not a mortgagee, a like notice shall be sent to the mortgagee at its
last known address, and the mortgagee may object to the recording of the
affidavit and discharge of the mortgage only if the mortgagee provides
credible evidence to the affiant, within 45 days after receipt of the
notice, that it is the true holder of the note, debt or other claim or
obligation secured by the mortgage and that the payoff was inadequate,
specifying the reason for the inadequacy, or that payment was erroneously
made to someone who was not the proper holder of the note, debt or other
claim or obligation secured by the mortgage and who was not acting
properly on behalf of the mortgagee in receiving the payment. If such like
notice is required to be sent under this paragraph, the affidavit, in
addition to the requirements otherwise set forth in this subsection,
shall also recite compliance with this paragraph.
(4) In the case of a discharge by affidavit recorded pursuant to
paragraph (2), an assignee of the mortgage being discharged whose
assignment does not appear of record before the date the payoff was
made, shall not have any right to the notice provided in said paragraph
(2) or the like notice provided in paragraph (3), nor shall the assignee
have any standing to object to or challenge the discharge as against a
bona fide purchaser, mortgagee, lienholder or encumbrancer without
notice, even if the assignment to the assignee is recorded before the
recording of the affidavit.
(5) The affiant may record an affidavit in accordance with this
subsection, unless, within the time periods set forth in paragraphs (1),
(2) and (3) the mortgagee, mortgage servicer or note holder has given the
affiant written notice of objection to the payoff, specifying any
inadequacy in the payment or any other reason for objection. The
affidavit shall be accompanied by a copy of the notice provided to the
mortgagee, mortgage servicer or note holder but need not be accompanied
by the documents enclosed with such notice.
(6) In the event that the affiant is notified of an objection, the
affidavit may not be recorded until the affiant determines that the
mortgagor has complied with any request made by the mortgagee, mortgage
servicer or note holder for additional payment, or that any other
objection has been satisfied, at least 15 days before the date of the
affidavit without further objection being raised by the mortgagee,
mortgage servicer or note holder, and the affidavit shall be amended to
include a copy of the written notice of objection and certify to such
compliance or satisfaction with no further objection being made, at which
time, the affidavit may be recorded without further notice to the
mortgagee, mortgage servicer or note holder.
(7) The affidavit shall also include the names and last known addresses
of the mortgagor and the mortgagee, mortgage servicer or note holder, the
date of the mortgage and the mortgage recording reference, as well as
that of any recorded assignment of the mortgage. Failure of the affiant
to include such information in an affidavit, or to certify a copy of any
notice required to be attached thereto as a true copy, shall not affect
the validity of the affidavit or its effect as a discharge.
(8) The affidavit, when so recorded, shall constitute a discharge of
the mortgage and a release of the lien created by the mortgage on the
mortgaged premises in favor of a bona fide purchaser, mortgagee,
lienholder or encumbrancer for value without notice, but, nothing in this
section shall preclude a mortgagee, mortgage servicer or note holder from
collecting any deficiencies or other payments for which an obligor may be
personally liable.
(9) A person who causes an affidavit to be created in accordance with
this subsection knowing that the information or statements contained
therein, or in any documentary evidence relied upon therefor, or that the
copy of any notice or document attached thereto or relied upon therefor
is false, shall be punished by a fine of not more than $5,000 in addition
to all other remedies at law, both civil and criminal and, in the event
of civil liability to anyone damaged thereby, attorneys fees and costs
shall be awarded in addition to any award of damages.
(h) In addition to the provisions of this section and sections 54 and
54C, a mortgage encumbering a 1-to-4-family residential property may be
discharged by recording the original note secured by the mortgage, if the
note is marked paid by the holder thereof as evidenced by the
endorsements thereon. If not otherwise in recordable form, the note may
be recorded as an attachment or exhibit to an affidavit under section
5B.
(i) When a change in the name or identity of a corporate mortgagee or
mortgage note holder is caused by or results from one or more mergers,
consolidations, amendments to charter or articles of incorporation, or
conversions of articles of incorporation or charter from federal to
state, from state to federal, or from one form of entity to another, or
from acquisition of assets of a failed institution by or from a
government regulatory authority, a mortgage discharge, assignment,
partial release or mortgage note that is otherwise recordable and that
recites within the body of the instrument the fact of any merger,
consolidation, amendment, conversion or acquisition of assets causing the
change in name or identity, the mortgage discharge, assignment, partial
release or mortgage note shall be accepted for recording in the
appropriate registry of deeds or for registration with the appropriate
registry district of the land court without further evidence of the
corporate merger, consolidation, amendment, conversion or acquisition.
The recital in the instrument shall be conclusive in favor of any bona
fide purchaser, mortgagee, lienholder or encumbrancer for value relying
in good faith thereon.
(j) Liability established under this section against multiple parties
shall be joint and several.
(k) If any document authorized or required to be recorded pursuant to
this section contains personal identifier numbers, such as social
security or tax identification numbers, or financial account numbers,
such as checking, savings or investment account numbers, the numbers may
be whited out, blackened out or otherwise obliterated so as to become
illegible and the document shall be entitled nonetheless to recording so
long as the obliteration does not appear to substantially alter or change
the content, tenor or nature of the document.
