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.
A Wisconsin 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 Wisconsin when the mortgagee (lender) fails to execute and record the satisfaction and discharge of a mortgage after it has been paid in full. This complaint is used to request the court's intervention and to compel the mortgagee to fulfill their obligations. Key Points: — Wisconsin Laws: The Wisconsin Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage is based on specific state laws and regulations. Understanding the relevant statutes, such as Wis. Stat. § 708.15, is crucial when preparing the complaint. — Mortgagee's Noncompliance: The complaint outlines the details of the case, explaining that the mortgagee has failed to execute and record the satisfaction and discharge of the mortgage despite full payment being made by the borrower. It alleges noncompliance with contractual obligations and seeks legal action to rectify the situation. — Court Jurisdiction: The complaint is usually filed in the circuit court of the county where the property is located. The specific court's name, address, and jurisdiction should be accurately stated within the document. — Parties Involved: The complaint identifies the parties involved, including the borrower (plaintiff) and the mortgagee (defendant). It is essential to provide the full legal names and addresses of both parties to ensure proper communication and court proceedings. — Description of Mortgage: The complaint should provide a clear description of the mortgage, including the original loan amount, mortgage recording details, relevant dates, and any modifications made to the mortgage agreement, if applicable. — Payment Proof: To strengthen the case, the borrower must attach copies of payment receipts, canceled checks, or any other supporting documentation that confirms the mortgage has been fully paid. — Request for Relief: The complaint should specify the requested relief, which typically includes an order from the court compelling the mortgagee to execute and record the satisfaction and discharge of the mortgage within a specified timeframe. In some cases, the borrower may also seek reimbursement for any damages incurred due to the mortgagee's noncompliance. — Other Related Documents: If applicable, the complaint can reference other related documents or legal actions, such as notices sent to the mortgagee requesting satisfaction and discharge, but without any response or action. Types of Wisconsin Complaint to Compel Mortgagee to Execute and Record Satisfaction and Discharge of Mortgage: 1. Residential Mortgage Complaint: This type of complaint is used when the mortgage in question is related to a residential property, such as a single-family home or condominium. 2. Commercial Mortgage Complaint: If the mortgage relates to a commercial property, such as an office building or retail space, a commercial mortgage complaint can be filed to compel the mortgagee to execute and record the satisfaction and discharge. 3. Multiple Mortgage Complaint: In situations where multiple mortgages exist on a property, a multiple mortgage complaint can be filed. This type of complaint requests the mortgagee(s) to execute and record the satisfaction and discharge for all relevant mortgages linked to the property. Remember to consult with a qualified attorney or legal professional to ensure compliance with Wisconsin state laws and to tailor the complaint to the specific circumstances of the case.
