Partial Release of Property From Mortgage by Individual Holder
Assignment and Satisfaction
of Mortgages
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 rule
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.
Oklahoma Law
Execution of Assignment or Satisfaction:
An assignment or satisfaction must be signed by the mortgagee or his authorized
agent.
Assignment:
An assignment must be in writing and recorded.
Demand to Satisfy:
If, after 50 days following the satisfaction of the mortgage, the mortgagee has not satisfied the mortgage
of record, then the mortgagor may, in a writing, request that the mortgagee
do so. If the mortgagee fails to do so within 10 days of the written request,
the mortgagee shall then forfeit and pay to the mortgagor a penalty of
one percent (1%) of the principal debt not to exceed One Hundred Dollars
($100.00) for each day the release is not recorded after the ten day period
has expired and the penalty shall be recovered in a civil action in any
court having jurisdiction thereof, but the request for the release shall
be in writing and describe the mortgage and premises with reasonable certainty.
Provided that, the total penalty shall not exceed one hundred percent (100%)
of the total principal debt.
Recording Satisfaction:
Any mortgage on real estate shall be released by the holder of any such mortgage within
fifty (50) days of the payment of the debt secured by the mortgage and
the holder of the mortgage shall file the release of the mortgage with
the county clerk where the mortgage is recorded.
Penalty:
See above text under Demand to Satisfy.
Acknowledgment:
An assignment or satisfaction must contain a proper Oklahoma acknowledgment, or other acknowledgment
approved by Statute.
Oklahoma Statutes
§46-15. Holder must release - Penalty - Mortgagor
defined.
A. Any mortgage on real estate shall be released by the
holder of any such mortgage within fifty (50) days of the payment of the
debt secured by the mortgage and the holder of the mortgage shall file
the release of the mortgage with the county clerk where the mortgage is
recorded. If, at the end of the fifty-day period, the holder has
failed to release the mortgage, the mortgagor may at any time request in
writing the holder of the mortgage to release the mortgage and the holder
of the mortgage shall have ten (10) days from the date of the request to
release such mortgage. If the holder of the mortgage fails to release
the mortgage by the end of such ten-day period, he shall then forfeit and
pay to the mortgagor a penalty of one percent (1%) of the principal debt
not to exceed One Hundred Dollars ($100.00) per day each day the release
is not recorded after the ten-day period has expired and the penalty shall
be recovered in a civil action in any court having jurisdiction thereof,
but the request for the release shall be in writing and describe the mortgage
and premises with reasonable certainty. Provided that, the total penalty
shall not exceed one hundred percent (100%) of the total principal debt.
B. For purposes of this section, "mortgagor" shall include
any subsequent purchaser of the mortgaged real estate.
§46-16. How released.
A mortgage on real property may be released by written instrument,
duly signed and acknowledged and recorded in the office of the county clerk
as register of deeds.
§46-14. Release by attorney.
Any agent or attorney duly authorized to collect the debt secured
thereby shall have power and authority to release a mortgage.
§46-13. Assignments of existing mortgages - Recording
within four months - Mortgages on record for six months.
All assignments of mortgages at present existing, bearing date prior
to the taking effect of this act, shall within four (4) months next succeeding
the taking effect of this act be recorded in the proper county of this
state, in accordance with the provisions of Section 1, of this act, whether
such assignments be acknowledged or not, and in case such assignments are
not recorded within the time herein provided, the payment of any interest
or principal on the debts secured by such mortgages to the mortgagees or
the assignees whose assignments appear last of record after the expiration
of the time herein provided, and before the recording of such assignments,
shall be and constitute a complete defense to any action on such mortgage
or note or other evidence of indebtedness secured thereby as against the
mortgagor, his heirs, personal representatives, or assigns: Provided, however,
that the last assignee of an unrecorded assignment shall have a right of
action against the assignor to whom such interest or principal is paid;
and provided further, that where the mortgagor, his heirs, personal representatives,
or assigns have actual notice or knowledge of such assignment or transfer,
then in such case such payment shall constitute no defense, and none of
the provisions of this act shall apply. Provided, this section applies
only to mortgages which have been on record six (6) months or more.
§46-12. Assignment - Unrecorded - Payment.
In cases where assignments of real estate mortgages are made after
the passage of this act, if such assignments are not recorded, the mortgagor,
his heirs, personal representatives, or assigns, may pay all matured interest
or the principal debt secured thereby, prior to the recording of such assignment
to the mortgagee, or if any assignment of such mortgage has been made that
duly appears of record, then such payment may be made to the last assignee
whose assignment is recorded in accordance with the provisions of this
act, and such payment shall be effectual to extinguish the debt secured
by such mortgage and all claims against such mortgagor, his heirs, personal
representatives, and assigns, for or on account of such interest or such
principal indebtedness; and no transfer of any note, bond or other evidence
of indebtedness, by endorsement or otherwise, where such indebtedness is
secured by mortgage on real estate within this state, shall prevent or
operate to defeat the defense of payment of such interest or principal
by the mortgagor, his heirs, personal representatives, or assigns, where
such payment has been made to the mortgagee or to the assignee whose assignment
appears last of record under the provisions of this act: Provided,
however, that in all such cases the assignee who may hold such unrecorded
assignment shall have a right of action against his assignor to recover
the amount of any such payment of interest or principal made to such assignor
as upon an account for money had and received for the use of such assignee:
Provided, this section applies only to mortgages which have been on record
six (6) months or more.
