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

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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.

The Iowa Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document used in the state of Iowa to enforce a mortgagee's obligation to execute and record a satisfaction and discharge of a mortgage. This complaint is typically filed by a mortgagor (borrower) who has fully satisfied their mortgage but is facing difficulties with the mortgagee (lender) in acknowledging the satisfaction and releasing the mortgage lien. Keywords: Iowa, complaint, compel, mortgagee, execute, record, satisfaction, discharge, mortgage. There are two main types of Iowa Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage: 1. Standard Iowa Complaint: This type of complaint is filed when the mortgagor has fully satisfied the mortgage but is encountering challenges in obtaining a satisfaction and discharge of the mortgage from the mortgagee. It highlights the specific details of the mortgage, the parties involved, the date of satisfaction, and the attempts made by the mortgagor to secure the required documentation. 2. Iowa Complaint with Request for Injunctive Relief: In certain cases, the mortgagor may also seek injunctive relief from the court to expedite the process of executing and recording the satisfaction and discharge of the mortgage. This type of complaint includes a request for immediate action by the court to compel the mortgagee to comply with their obligations promptly. The Iowa Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a crucial legal tool for mortgagors seeking to release their property from mortgage liens after fulfilling their obligations. By filing this complaint, the mortgagor aims to enforce their rights and interests in a property, ensuring a clean title and the ability to freely transfer or refinance the property in the future. Note: It is important to consult with an attorney familiar with Iowa mortgage laws and procedures to ensure the correct filings and adherence to any specific requirements in the jurisdiction.

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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.

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.

In Iowa, the redemption period after a judicial foreclosure is generally one year from the date of sale. (Iowa Code § 628.3).

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.

654.20 Foreclosure without redemption ? nonagricultural land. 1. If the mortgaged property is not used for an agricultural purpose as defined in section 535.13, the plaintiff in an action to foreclose a real estate mortgage may include in the petition an election for foreclosure without redemption.

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.

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.

On its face, Iowa Code section 654.12A states that ?loans and advances made under the mortgage, up to the maximum amount of credit together with interest thereon, are senior to indebtedness to other creditors under subsequently recorded mortgages.? Iowa Code § 654.12A.

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The division may execute and record a certificate of release on behalf of the division in the real property records of each county in which a mortgage is ... Please attach to this form or mail in photocopies of all documents that may relate to your complaint claim (contracts, workout agreements, correspondence, proof ...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 ... Jan 1, 2023 — 655.1 Written instrument acknowledging satisfaction. When the amount due on a mortgage is paid off, the mortgagee, the mortgagee's personal. 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 AM White · 2012 · Cited by 63 — I conclude by outlining options for reforming the mortgage loan transfer system, including the use of a single document merging the note and mortgage, and a ... 31 Iowa Code § 598.22A. An alternative to such a Release and Satisfaction would be to have the payee instead execute a Specific Release of Real Estate for the ... 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 ... 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 ... Jun 1, 2021 — Iowa Code § 655.1 requires that a mortgagee acknowledge satisfaction of a mortgage by execution, acknowledgement, and recording of a written ...

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