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

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Multi-State
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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 Colorado Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document filed by a borrower to legally compel a mortgagee (lender) to fulfill their obligation of executing and recording the satisfaction and discharge of a mortgage on a property in Colorado. This complaint is a recourse available to borrowers who have satisfied the terms of their mortgage but are encountering difficulties in having the mortgagee formally release the lien on their property. Keywords: Colorado, Complaint, Compel, Mortgagee, Execute, Record, Satisfaction, Discharge, Mortgage. In Colorado, there may be different variations of a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage, depending on specific circumstances or the relief sought. Here are a few examples: 1. Residential Property Complaint: This type of complaint is filed when the mortgage in question pertains to residential property, such as a single-family home, townhouse, or condominium. It addresses the necessary actions required by the mortgagee to satisfy and discharge the mortgage lien. 2. Commercial Property Complaint: If the mortgage involved is on a commercial property, such as an office building, retail space, or industrial facility, this variation would be used. This complaint seeks to compel the mortgagee's compliance with executing and recording the satisfaction and discharge of the mortgage lien. 3. Foreclosure Preventive Complaint: In certain cases, borrowers may utilize this type of complaint to compel a mortgagee to execute and record satisfaction and discharge of a mortgage to prevent or halt foreclosure proceedings. It emphasizes the necessity of fulfilling the mortgagee's obligations promptly to avoid adverse consequences for the borrower. 4. Accompanied by Breach of Contract Claim: In some instances, a borrower may choose to include a breach of contract claim alongside their complaint. This additional claim reinforces the argument that the mortgagee's failure to execute and record satisfaction and discharge of the mortgage breaches the contractual agreement between the parties. 5. Involving Multiple Mortgagees: If there are multiple mortgagees involved in the mortgage agreement or if there are subsequent mortgages on the property, the complaint may need to explicitly address the respective obligations of each mortgagee in executing and recording the satisfaction and discharge of their respective mortgages. Remember, as the specifics of a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage can vary based on the circumstances, it is essential to consult with legal professionals familiar with Colorado mortgage laws to ensure accurate and appropriate documentation.

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FAQ

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.

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.

Pursuant to N.J.S.A. -11.2 et seq., a mortgagee must cause a mortgage to be cancelled or discharged within thirty (30) days of payment. If the mortgagee, his agent or assigns fails to comply, the borrower may serve the mortgagee or his assigns with a notice of non-compliance.

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.

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.

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.

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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 ... How to fill out Satisfaction Mortgage Form? Aren't you sick and ... a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage?A: Your mortgage company or lender has a legal obligation to provide the Public Trustee with the proper documents to release the lien from your property within ... The institution must retain these records until one year after the loan is discharged or the institution transfers servicing for the mortgage loan to a ... When a real estate loan is satisfied, the lender executes a Request for Release ... the Boulder County Treasurer to execute and record a one page release form. Record of proceedings; county where real estate lies. § 3360. Contracts, inadequacy of consideration or better offer; brokers' commissions. Subchapter D. Dec 9, 2002 — 1) If, within 60 days of the mortgagee's receipt of the notice of intent to record satisfaction issued by a settlement officer in accordance ... against the mortgagee to compel the discharge or release of the mortgage after the same has been satisfied; and the judgment of the court must be that the ... demonstrate a satisfactory earnings record). • if the most recent year's tax ... The lender may disregard the payments on the outstanding mortgage(s) and any ... ... a NFTL filed before the lender records. Equitable ... lender acquires equitable title when an unrecorded mortgage or deed of trust is executed.

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