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New Mexico Satisfaction - Release of Mortgage by Mortgagee - by...

New Mexico Satisfaction - Release of Mortgage by Mortgagee - by Corporate Lender

Name: New Mexico Satisfaction - Release of Mortgage by Mortgagee - by Corporate Lender
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.74 (483 reviews)

Category:

Real Estate - Mortgages and Deeds of Trust

State:

New Mexico

Control #:

NM-S123

Format:

Instant download

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Description

This Release - Satisfaction - Cancellation Deed of Trust - by Corporate Lender is for the satisfaction or release of a mortgage for the state of New Mexico by a Corporation. This form complies with all state statutory laws and requires signing in front of a notary public. The described real estate is therefore released from the mortgage.

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How to fill out New Mexico Satisfaction - Release Of Mortgage By Mortgagee - By Corporate Lender?

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FAQ

Once you've paid off your outstanding mortgage debt, the lender must prepare and issue a release of mortgage. This document officially discharges you from the debt obligation and removes the lien against the property.

You may contact us at (407) 836-5115 to request a search of your Satisfaction of Mortgage. You may also utilize our web site (www.occompt.com) to see if your Satisfaction has been recorded. Your Satisfaction is recorded under the names of the borrower/mortgagor on the original loan.

If a lender takes longer than 90 days to record it, they can be charged up to $1,500 in penalties. So, in theory, a satisfaction should be recorded within 30-90 days of payoff regardless of what state you work in.

Step 1 Identify the parties. The appropriate parties should be documented on the Satisfaction of Mortgage. Step 2 Fill and Sign. The Satisfaction of Mortgage should be signed by the mortgagee, after it has been issued. Step 3 File and Record the Form.

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Satisfaction - Release of Mortgage by Mortgagee - by Corporate Lender

Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.

Satisfactions Generally: Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien. Depending on your state, a satisfaction may be called a Satisfaction, Cancellation, or Reconveyance. Some states still recognize marginal satisfaction but this is slowly being phased out. A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.

New Mexico Law

Assignment: If an assignment of mortgage appears upon the proper record of such county clerk, then payment may be made to the last assignee whose assignment is so recorded, and such [full] payment shall be effectual to extinguish all claims against such mortgagor.

Demand to Satisfy: None required.

Recording Satisfaction: It is the duty of the mortgagee, trustee or the assignee of the debt or evidence of debt, as the case may be, to cause the full satisfaction of it to be entered of record in the office of the county clerk of the county where the mortgage or deed of trust is recorded.

Penalty: Failure to satisfy of record results in a fine of between $10 and $25, and liability for other recoverable costs.

Acknowledgment: An assignment or satisfaction must contain a proper New Mexico acknowledgment, or other acknowledgment approved by Statute.

New Mexico Statutes

48-7-2. [Assignments of mortgages; recording; person entitled to payment; effect of failure to record; assignee's action against assignor.]

Repealed.

48-7-4. Release on record upon satisfaction of mortgage.

A. When any debt or evidence of debt secured by a mortgage or deed of trust upon any real estate in the state has been fully satisfied, it is the duty of the mortgagee, trustee or the assignee of the debt or evidence of debt, as the case may be, to cause the full satisfaction of it to be entered of record in the office of the county clerk of the county where the mortgage or deed of trust is recorded.

B. The debt or evidence of debt secured by a mortgage or deed of trust shall not have been fully satisfied for purposes of Subsection A of this section, even if all sums due thereunder have been paid in full, if the written agreement between the mortgagor or trustor and the mortgagee or beneficiary provides for the securing of a series of loans or a line of credit by a mortgage or deed of trust and the notation Line of credit mortgage is prominently placed on the mortgage or deed of trust that is filed with the county clerk in the county or counties in which the property is located.

C. If, at any time the obligation secured by the mortgage or deed of trust described in Subsection B of this section is fulfilled, and the balance is zero, the mortgagee or beneficiary shall cause the mortgage or deed of trust to be released of record upon written demand of the mortgagor, trustor or the successor or assignee thereof. In the event of the death or incompetence of the mortgagor or trustor, the heirs, personal representative, conservator or guardian of the mortgagor or trustor as appropriate may make the demand for release described in this subsection.

48-7-5. [Failure to release; penalty; civil liability.]

Any person who shall be guilty of violating the preceding section [48-7-4 NMSA 1978], upon conviction before any justice of the peace [magistrate] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [($10.00)] nor more than twenty-five dollars [($25.00)], and shall be liable in a civil action to the owner of such real estate for all costs of clearing the title to said property including a reasonable attorney's fee.

Satisfaction - Release of Mortgage by Mortgagee - by Corporate Lender

New Mexico Law

Demand to Satisfy: None required.

Penalty: Failure to satisfy of record results in a fine of between $10 and $25, and liability for other recoverable costs.

Acknowledgment: An assignment or satisfaction must contain a proper New Mexico acknowledgment, or other acknowledgment approved by Statute.

New Mexico Statutes

48-7-2. [Assignments of mortgages; recording; person entitled to payment; effect of failure to record; assignee's action against assignor.]

Repealed.

48-7-4. Release on record upon satisfaction of mortgage.

48-7-5. [Failure to release; penalty; civil liability.]

New Mexico Satisfaction - Release of Mortgage by Mortgagee - by Corporate Lender

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How to fill out New Mexico Satisfaction - Release Of Mortgage By Mortgagee - By Corporate Lender?

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FAQ

What is mortgage release satisfaction and discharge?

How do you know if your mortgage is satisfied?

How long does it take to get a satisfaction of mortgage?

How do I prepare my mortgage for satisfaction?

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