Illinois 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.

Illinois Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document filed in the state of Illinois to seek a court order compelling a mortgagee (lender) to execute and record the satisfaction and discharge of a mortgage. Keywords: Illinois, Complaint, Compel Mortgagee, Execute, Record Satisfaction, Discharge of Mortgage. In Illinois, the process of mortgage discharge involves the lender executing a satisfaction or release of mortgage document once the loan is fully paid off. This document is then recorded in the county records to officially release the lien on the property. However, instances may arise where the mortgagee fails or refuses to execute and record the satisfaction and discharge of the mortgage even after the borrower has fulfilled all the obligations and paid off the loan. In such cases, the borrower may file a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage with the relevant court. This complaint is a legal action initiated by the borrower, also known as the plaintiff, against the mortgagee, the defendant, to enforce the borrower's right to the satisfaction and discharge of the mortgage. The purpose of this legal action is to request the court's intervention and order the mortgagee to fulfill their obligation. Different types of Illinois Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage may include: 1. Individual borrower complaint: Filed by an individual borrower against a single mortgagee who has failed to execute and record the satisfaction and discharge of the mortgage. 2. Class-action lawsuit: Multiple borrowers facing the same issue file a joint complaint against a common mortgagee. This type of lawsuit is often pursued when there is a pattern of non-compliance by the mortgagee affecting numerous borrowers. 3. Commercial mortgage complaint: Filed by a commercial property owner against a mortgagee regarding a commercial mortgage that needs to be satisfied and discharged. It is important to note that each of these complaint types refers to the same underlying issue — seeking the court's intervention to compel the mortgagee to execute and record the satisfaction and discharge of the mortgage in accordance with Illinois law. The specifics of the complaint will vary based on the unique circumstances of the case and the relief sought by the plaintiff. Successfully filing a Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage can result in the court issuing an order compelling the mortgagee to fulfill their obligation. This order may require the mortgagee to execute and record the satisfaction and discharge document within a specified timeframe, or face legal consequences for non-compliance. In conclusion, an Illinois Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal action initiated by a borrower to enforce their right to have the mortgagee execute and record the satisfaction and discharge of the mortgage. Different types of this complaint may exist based on the circumstances of the case, such as individual borrower complaints, class-action lawsuits, or commercial mortgage complaints.

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15-1209. Mortgagor. "Mortgagor" means (i) the person whose interest in the real estate is the subject of the mortgage and (ii) any person claiming through a mortgagor as successor. Where a mortgage is executed by a trustee of a land trust, the mortgagor is the trustee and not the beneficiary or beneficiaries.

If the satisfaction isn't recorded within a minimum of 60 days, they may incur penalties and be held liable for damages and attorney's fees.

What is a Satisfaction of Mortgage? A Satisfaction of Mortgage, sometimes called a release of mortgage, is a document that acknowledges that the terms of a Mortgage Agreement have been satisfied, meaning that a borrower has repaid their mortgage loan to the lender.

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.

A satisfaction of mortgage is an official document that is recorded in county public records to release a lender's lien from a property after a mortgage has been paid off.

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.

You Release a Mortgage or Charge when the property charged has been released from the charge or no longer forms part of the company's property. You Satisfy a Mortgage or Charge when the debt of the charge has been paid or satisfied in full or part.

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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?Steps in the Case. Record the Lis Pendens with Recorder; File Complaint with the Clerk of Court; Serve Summons via a Sheriff or Posting; File Motion for Default ... ... executed and recorded amendments or supplements or other documents ... Mortgagee's cost and expense, shall enter satisfaction of this Mortgage upon the record. Recording of a wrongful or erroneous certificate of release by a title insurance company or its title insurance agent shall not relieve the mortgagor or the ... Jun 28, 2000 — When a mortgage debt is satisfied, the mortgagee or its assignee must file a release of the mortgage lien. See 765 ILCS 905/2 (West 1996) ... Dec 16, 2011 — execution of the mortgage release or the mortgagor's demand. ... file their Mortgage Act counterclaim, but there appears no order in the record. 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 ... by RW Freyermuth · 2007 · Cited by 11 — The recorder would then go to the appropriate volume of the records, turn to the page where the mortgage appeared of record, and physically enter a notation in ... Every mortgagee of real property, his assignee of record, or other legal representative, having received full satisfaction and payment of all such sum or sums ...

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