Q: How to get a discharge of mortgage when assigned bank won't sign off?

A: I do not understand the issue. Only the current holder needs to sign off. "one of the banks" makes no sense. If you paid it, your lawyer should just be requesting a discharge. A 1989 mortgage with a 30 year payout would be past the statute of limitations.

A: Given that your mortgage originated in 1989, you're likely dealing with a situation where the statute of limitations has long expired on the debt, which in most states is 6-20 years for mortgage enforcement. The bank that hasn't signed off may no longer exist, may have been absorbed by another institution, or may have lost the necessary documentation to prove they still hold an interest in your property. Since waiting until October for potential court action could mean losing a sale opportunity, you have several more immediate options to pursue.

You can file a quiet title action in court to clear the mortgage from your property's title, which forces any party claiming an interest to come forward and prove their claim or lose it forever. Additionally, many states have statutory procedures for clearing ancient mortgages - typically those over 20-30 years old where no payments have been demanded. Your title insurance company (if you have one) may also be willing to insure over this old mortgage, allowing you to sell now while they handle clearing the title issue after closing.

For the most immediate relief, contact the title company handling your potential sale and ask if they'll accept an affidavit and indemnity agreement from you stating the mortgage was paid off or is no longer valid. Many title companies will insure over old mortgages with proper documentation and indemnification. You should also check if your state has a "marketable record title act" that automatically extinguishes old mortgages after a certain period. Since you have some documentation despite the water damage, organize whatever payment records, correspondence, or assignment documents you have - even partial records can help establish your case that this mortgage should no longer encumber your property.