Missouri Partial Release or Satisfaction of Mortgage by a Corporation

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Multi-State
Control #:
US-01499BG
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Word; 
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Instant download

Description

Most states have statutes that provide that a mortgage or deed of trust may be partially discharged or released in the county land records by the recorder of deeds. Generally these statutes proved that a certificate must be filed with said recorder and executed by the mortgagee or on its behalf and acknowledged as prescribed by law.


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.

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FAQ

A partial release is a mortgage provision that allows some of the collateral to be released from a mortgage after the borrower pays a certain amount of the loan. Lenders require proof of payment, a survey map, appraisal, and a letter outlining the reason for the partial release.

Under the PTFA, the lease survives foreclosure. You may stay in the property for the entire term of your lease or 90 days, whichever is longer. The only exception to this rule is if the new owner wants to live in your unit, in which case you are still entitled to 90 days before you can be forced to move.

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.

Demand to Satisfy: Upon full payoff, borrower (mortgagor) may make written demand upon the lender (mortgagee) to satisfy the deed of trust, whereupon lender has 30 days to do so or face liability. Recording Satisfaction: The lender shall deliver to the borrower a certificate of satisfaction (and see 443.060, below).

Borrowers must be delinquent for 120 days before a Notice of Sale can be issued, and the sale is to occur forty to fifty days after the notice. Lenders must give at least a twenty-day notice of the sale. They must publish the foreclosure in a newspaper in the county where the property is located.

Primary tabs. 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.

Right to Redeem After a Judicial Foreclosure Under California Law. If the foreclosure is judicial, you may generally redeem the home within: three months after the foreclosure sale, if the proceeds from the sale satisfy the indebtedness, or. one year if the sale resulted in a deficiency.

When available, the redemption period generally ranges from 30 days to a year. In most states that provide a post-sale redemption period, specific factors often change the redemption period's length. For example: The redemption period might vary depending on whether the foreclosure is judicial or nonjudicial.

In Missouri, redemption can take place for up to one year after the sale of the property if it was bought at auction by the lender. However, if the property is bought by a third party, there is no redemption phase.

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.

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Missouri Partial Release or Satisfaction of Mortgage by a Corporation