Idaho 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.

Idaho Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document commonly used in Idaho when a mortgagee (lender) fails to execute and record the necessary documents to officially satisfy and discharge the mortgage on a property. This complaint is filed by the mortgagor (borrower) to seek legal recourse and compel the mortgagee to fulfill this obligation. Keywords: Idaho, complaint, compel, mortgagee, execute, record, satisfaction, discharge, mortgage. In Idaho, there are no distinct types or variations of Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage. However, the document can vary depending on the specific circumstances and details of the case. Detailed Description: The Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is an essential legal tool for individuals in Idaho who have paid off their mortgage but need the official documentation to reflect the mortgage's satisfaction and discharge. This detailed description will provide insight into the concept, use, and importance of this complaint. When a borrower in Idaho completes their mortgage payments, it becomes the mortgagee's responsibility to execute and record the Satisfaction and Discharge of Mortgage. By doing so, the mortgagee officially acknowledges that the loan has been fully repaid and releases any claim on the property. In some cases, mortgagees fail to execute and record this document promptly, either due to oversight, administrative errors, or other reasons. However, the absence of the Satisfaction and Discharge of Mortgage in public records can negatively impact the borrower's creditworthiness and inhibit their ability to sell or refinance the property. To rectify this situation, the borrower, referred to as the "Plaintiff" in the Complaint, files a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage. This legal document, typically prepared by an attorney, serves as a formal demand for the mortgagee to fulfill their duty and remove the mortgage lien from public records. The Complaint begins with an introductory paragraph stating the jurisdiction and the parties involved. It then proceeds to outline the details of the mortgage agreement, the amount borrowed, the date it was executed, and a clear indication that the borrower has fully satisfied the loan. The document emphasizes that the loan has been paid in full and that the mortgagee has failed to execute and record the Satisfaction and Discharge of Mortgage within a reasonable time. It asserts that this delay has caused significant harm to the borrower's interests, potentially damaging their creditworthiness and hindering any property-related transactions. The Complaint continues by citing relevant state laws, regulations, and contractual obligations that the mortgagee has violated. It provides a thorough explanation of the damages suffered by the borrower due to the mortgagee's inaction, such as increased interest rates, lost business opportunities, or impaired credit scores. In the final section, the Complaint requests the court to order the mortgagee to execute and record the Satisfaction and Discharge of Mortgage within a specified timeframe, usually 30 to 60 days. Additionally, it seeks compensation for any damages and legal fees incurred by the borrower as a result of the mortgagee's non-compliance. Overall, the Idaho Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a vital legal instrument that enables borrowers to uphold their rights and ensure the proper documentation of their mortgage's satisfaction. By addressing any delays or non-compliance, this complaint seeks to protect borrowers' creditworthiness and facilitate smooth property transactions.

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FAQ

Although about 60% of the US states are mortgage states, Idaho is considered a deed state. A deed of trust is an agreement between a beneficiary, grantor, and trustee. A deed is signed to a trustee as a form of security to ensure that the performance of obligation is fulfilled.

Defamation is any statement, whether written or oral, that injures the good name or reputation of another person. For a statement to be defamatory, it must not be true.

45-1502. Definitions ? Trustee's charge. As used in this act: (1) "Beneficiary" means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or his successor in interest, and who shall not be the trustee.

The ?Trustor? is the person who borrowed the money (the Payor of the Note) The ?Beneficiary? is the person who is lending the money (the Payee of the Note) The ?Trustee? is the neutral 3rd party who will issue the release of the loan once it is paid in full.

45-1504. TRUSTEE OF TRUST DEED --- WHO MAY SERVE --- SUCCESSORS. (d) A licensed title insurance agent or title insurance company authorized to transact business under the laws of the state of Idaho. (2) The trustee may resign at its own election or be replaced by the beneficiary.

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.

Any person who handles, uses or operates any firearm in a careless, reckless or negligent manner, or without due caution and circumspection, whereby the same is fired or discharged and maims, wounds or injures any other person or persons, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a ...

Answer: ing to Idaho Code § 74-403(4), a conflict of interest occurs when a legislative official takes official action or makes an official decision or recommendation, the effect being to the ?private pecuniary benefit? of such person, the person's household or business.

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Mortgage — Satisfaction — Failure to release of record — Penalty. When any mortgage, affecting the title to real property, has been satisfied, the holder ... This notice concerns the mortgage loan for your property at (enter the complete address). ... be liable as provided by law in the case of refusal to execute a ...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 undersigned,. , of. , hereby certifies that the mortgage, dated. , 20____, executed by. , as mortgagor, to. , as mortgagee, and recorded on ... by AM White · 2012 · Cited by 63 — noting that note transferee has an equitable claim to compel assignment of the mortgage). ... a satisfaction or release document from a defunct lender. Borrowers. 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 ... 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 ... 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 ... 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 ...

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