Arkansas Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage

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US-02785BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A complaint to compel mortgagee to execute and record satisfaction and discharge of mortgage in Arkansas is a legal action taken by a borrower to request the court's intervention in order to force the mortgagee to fulfill their obligation of executing and recording the satisfaction and discharge of a mortgage. This complaint is usually filed when the mortgagee fails to do so within the legal timeframe or refuses to execute the necessary documents. The purpose of this complaint is to protect the borrower's interests and ensure that their property title is properly cleared from any liens or encumbrances after the mortgage debt has been fully paid off. By filing this complaint, the borrower aims to obtain a court order that compels the mortgagee to fulfill their duty and provide the necessary documents to legally discharge the mortgage. Keywords: Arkansas, complaint, compel, mortgagee, execute, record, satisfaction, discharge, mortgage, borrower, court, intervention, obligation, legal timeframe, documents, property title, liens, encumbrances, debt, court order, duty. Different Types of Arkansas Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage: 1. Complaint for Failure to Execute and Record Satisfaction and Discharge: This type of complaint is filed when the mortgagee refuses or neglects to execute and record the satisfaction and discharge of the mortgage, despite the borrower fulfilling their payment obligations. 2. Complaint for Delayed Execution and Recording: This type of complaint is appropriate when the mortgagee unreasonably delays executing and recording the satisfaction and discharge of the mortgage, causing the borrower financial or other harm. 3. Complaint for Wrongful Refusal to Execute and Record: This type of complaint is applicable when the mortgagee wrongfully refuses to execute and record the satisfaction and discharge of the mortgage without any valid legal justification. 4. Complaint for Damages Due to Failure to Execute and Record: In some cases, the borrower may also pursue a complaint seeking damages resulting from the mortgagee's failure to execute and record the satisfaction and discharge of the mortgage. This complaint focuses on the financial loss or harm suffered by the borrower due to the mortgagee's actions or inaction. Keywords: complaint, failure, delayed execution, recording, wrongful refusal, damages, mortgagee, borrower, payment obligations, harm, valid legal justification, financial loss.

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A satisfaction of mortgage, also known as release, cancellation or discharge of mortgage, is a type of legal document that proves you paid your mortgage in full. As a result, it also certifies that the property's title is clear of any liens.

Suppose a mortgage lender fails to record a Satisfaction of Mortgage document within 60 days from the final payment date. In that case, you can file a lawsuit against the mortgagee. Contact a local law firm to speak with an intake specialist about your legal options.

What is a Mortgage Release? A mortgage release, also referred to as ?deed in lieu of foreclosure? (DIL), is when a homeowner relinquishes the ownership of their property voluntarily to the owner of the mortgage, often a bank or lender, in exchange for a release from the mortgage and all future mortgage payments.

A satisfaction of mortgage is a document that proves the borrower has paid off the mortgage in full, freeing the loan's lien on the property and giving the title to the borrower.

If Mortgagee fails to satisfy of record, he is liable for damages, including attorney fees, if 20 days written notice is given by Mortgagor prior to suit. Acknowledgment: An assignment or satisfaction must contain a proper New Jersey acknowledgment, or other acknowledgment approved by Statute.

Both Deeds of Trust and Mortgages are used. A trustee can be: A licensed Arkansas Attorney. A Bank or S & L authorized to do business in Arkansas.

A Discharge of Mortgage form is used to discharge a mortgage from a title, where all monies have been repaid. You must provide a completed form, together with the original, completed discharge of mortgage form.

With a release, your creditor confirms that all the sums due have been paid. The document certifies that the property is mortgage-free. The discharge releases only part of the property or only one of the individuals responsible for the mortgage payments.

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The undersigned,. , of. , hereby certifies that the mortgage, dated. , 20____, executed by. , as mortgagor, to. , as mortgagee, and recorded on ... May 9, 2018 — Chapter 183, Section 55 requires the lender to discharge the mortgage within 45 days of receipt of full payment of the loan by (i) recording an ...by RW Freyermuth · 2007 · Cited by 11 — But while such a mortgage lien is no longer legally effective, its extinguished status does not appear automatically on the public records. Until the mortgage ... The lender will record the Deed of Trust or Mortgage document in the public records with the appropriate agency in the county where the property is located. Dec 9, 2002 — Applicability. This act shall apply to every mortgage on real property in this Commonwealth which has not been satisfied prior to the effective ... by GE Pasvogel Jr · 1986 · Cited by 5 — In the event of default, however, the lender will record the deed and hope to appear to all the world as a purchaser-no foreclosure, no equity of redemption. 6. Loans closed by an automatic lender. The underwriter must certify review and approval of the loan by signing item 51 of the Loan Analysis (for Automated. How to fill out Satisfaction Mortgage Form? · Make use of the Preview function and look at the form description (if available) to ensure that it is the right ... by JJ Card · 2012 · Cited by 2 — Depending on the jurisdiction, the borrower may hold legal title to the property—subject to his satisfaction of the mortgage—or the lender may hold legal title ... ... a result of foreclosure or judicial sale or operation of law), refinance or other satisfaction of the Mortgage Loan. In the event the Mortgage Note Holder ...

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Arkansas Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage