Ohio 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 Ohio Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is a legal document filed by a borrower or property owner in Ohio when a mortgagee (lender) fails to fulfill their obligation of executing and recording the satisfaction and discharge of a mortgage on their property. This complaint aims to compel the mortgagee to fulfill their duty as required by Ohio law. In Ohio, the complaint can be filed in several scenarios, including: 1. Defaulted Mortgage: If a borrower has fully repaid their mortgage or otherwise satisfied the debt, but the mortgagee fails to execute and record the satisfaction and discharge of the mortgage within a reasonable time frame, the borrower can file this complaint to force the mortgagee's compliance. 2. Mortgage Assignment: When a mortgage is assigned or transferred from one lender to another, it is a legal requirement for the new mortgagee to execute and record the satisfaction and discharge of the previous mortgage within a specific period. If the new mortgagee fails to fulfill this duty, the borrower can file this complaint. 3. Mortgage Release: In situations where the borrower has successfully negotiated a release of a mortgage lien due to prepayment, refinancing, or any other valid reason, and the mortgagee refuses to execute and record the satisfaction and discharge, the borrower may file this complaint to enforce their rights. By filing the Ohio Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage, the borrower initiates a legal process that compels the mortgagee to fulfill their obligation. The complaint identifies the parties involved, states the relevant facts and circumstances, and relies on Ohio statutes and case law that establish the mortgagee's duty to execute and record the satisfaction and discharge. It is important to note that each case may have its unique aspects, potential defenses, or additional requirements depending on the circumstances. Therefore, seeking legal counsel from an experienced Ohio attorney specializing in real estate law is advisable to ensure proper preparation and filing of the complaint.

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FAQ

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. 5 Questions To Ask When Obtaining A Mortgage Satisfaction - PropLogix proplogix.com ? blog ? 5-questions-to-ask-... proplogix.com ? blog ? 5-questions-to-ask-...

Less familiar to laymen and even real estate professionals is Ohio's Statute of Conveyances, which requires deeds, mortgages, land installment contracts and leases with a term in excess of three years to be ?acknowledged? before a notary public (i.e., ?notarized?). Ohio's statute of conveyances: Its application to real estate leases ... finneylawfirm.com ? ohios-statute-of-conveyance... finneylawfirm.com ? ohios-statute-of-conveyance...

Section 2739.01 | Libel and slander. In an action for a libel or slander, it is sufficient to state, generally, that the defamatory matter was published or spoken of the plaintiff. If the allegation is denied, the plaintiff must prove the facts, showing that the defamatory matter was published or spoken of him.

Section 5301.233 | Mortgage may secure unpaid balances of advances made.

(A) Except as provided in division (E) of this section, an action to enforce the obligation of a party to pay a note payable at a definite time shall be brought within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

Statutory condition is defined in Section 5302.14 of the Revised Code and provides generally that if the mortgagor pays the principal and interest secured by this mortgage, performs the other obligations secured hereby and the conditions of any prior mortgage, pays all the taxes and assessments, maintains insurance ...

Section 5301.36 | Entry of satisfaction. (B) Within ninety days from the date of the satisfaction of a mortgage, the mortgagee shall record a release of the mortgage evidencing the fact of its satisfaction in the appropriate county recorder's office and pay any fees required for the recording. Section 5301.36 - Ohio Revised Code | Ohio Laws Ohio Laws (.gov) ? section-5301 Ohio Laws (.gov) ? section-5301

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Feb 28, 2023 — (B) Within ninety days from the date of the satisfaction of a mortgage, the mortgagee shall record a release of the mortgage evidencing the fact ... The borrower can file a complaint to compel the mortgagee to take the necessary steps to record the satisfaction and discharge. 3. Cuyahoga Ohio Complaint to ...Make a payment via PalPal or with your credit card. Change the file format if necessary. Click Download to save the Franklin Complaint to Compel Mortgagee to ... Mar 23, 2015 — (B) Within ninety days from the date of the satisfaction of a mortgage, the mortgagee shall record a release of the mortgage evidencing the fact ... 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 ... 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 ... The lender will record a Release/Satisfaction of Mortgage with our office to prove the mortgage has been paid. Deeds and Releases are available by searching ... 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 ... If you have filed a prior complaint on this parcel since the last reappraisal or update of property values in the county, the reason for the.

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