Certificate of Release (of Mortgage)

Under Alabama’s Residential Mortgage Satisfaction Act (3/1/2013) an affidavit of satisfaction may be signed by a title insurance company or by a licensed attorney acting as its agent. See SB 347; Alabama Code Section 35 – New (codification is pending). However, the authorization of the mortgagor(s) in the mortgage for which release is being sought must be first obtained.

Per AS 34.20.115, be accomplished by a licensed title insurance producer holding acceptable evidence of payment or upon request of the beneficiary. Must follow statutory procedure.

Title insurer has statutory authority to release subject to the requirements in A.R.S. 33-707.

Only a duly authorized servicing entity can release the lien other than the lender.

Title insurance companies can issue a Release of Obligation pursuant to statutory requirements of Civil Code Section 2941 and can issue a reconveyance of a deed of trust (as a trustee or substituted trustee) pursuant to Civil Code Section 2941.7.

A licensed title underwriter may release a deed of trust provided that it, or its agent, was responsible for the payoff of the subject loan. The underwriter release must be accompanied by an indemnification agreement in which the underwriter indemnifies the public trustee against any loss resulting from a deficient payoff.

Under certain circumstances, Conn. Gen. Stat. § 49-8a permits the recording of an affidavit by an attorney or an officer of a title insurer, which affidavit constitutes a release of lien.

Yes, an attorney that has paid a mortgage off, has the authority to release and satisfy such mortgage pursuant to 25 Del. C. §2120 Authorization to satisfy mortgage.

A title agent that paid off a loan may release the lien by recording an affidavit along with the original promissory note. See DC Code 42-818.02.

Florida Statute 701.041 authorizes an officer or an appointed agent of a title insurer to execute a certificate of release for a mortgage in the event the mortgagee fails to record a satisfaction of mortgage and release after receiving a payment in full of the loan secured by the mortgage in accordance with a payoff statement furnished by the mortgage servicer.

In practice, this is only done to resolve title claims.

No, with an exception pursuant to O.C.G.A. §44-14-3(c.1) the prior closing attorney, who caused the indebtedness to be paid in full, may direct the clerk of court to cancel a security deed upon affidavit. Otherwise, the answer is no.

A title insurer or title agent is permitted to execute a release of mortgage on behalf of the mortgagee following the prescribed procedures in Section 506-8, HRS.

A title insurer or agent may reconvey a deed of trust if the obligation secured by the deed of trust has been fully paid by the title insurer or agent or if the title insurer or agent has satisfactory evidence of the full payment of the obligation secured by the deed of trust. See Idaho Stat. 45-1202. The title insurer or agent must deliver a notice of intent to release or reconvey within 30 days after the payment in full of the secured note or from receipt of satisfactory evidence of the payment in full of the secured note to the beneficiary or servicer together with a copy of the proposed reconveyance. The contents of the notice of intent to release or reconvey is described in Idaho Stat. 45-1203. The title insurer or agent shall not record the reconveyance if prior to the expiration of 60 days from mailing the notice of intent to reconvey the beneficiary or servicer objects to the reconveyance. See Idaho Stat. 45-1204.

Illinois allows for a mortgage certificate of release. See 765 ILCS 935/1 et seq. The Certificate must be in a statutorily mandated form. See 765 ILCS 935/50. A title insurance agent must be specifically appointed by the title insurance company before it has authority to issue a Certificate of Release. See 765 ILCS 935/30. Wrongful or erroneous certificates do not relieve the mortgagor from personal liability. In addition, wrongful recording imposes liability on the title insurance company executing or recording the certificate for actual damages sustained along with reasonable attorneys fees and costs. See 765 ILCS 935/40.

Yes. A duly appointed agent of a title insurance company may execute a Certificate of Release that complies with the requirements of the mortgage release statute set forth at Indiana Code 32-29-6-1 et seq. For all practical purposes, it gives a title company the ability to release mortgages up to an original principal amount of not more than $1,000,000.00 that the agent paid off as part of the agent's settlement or closing of a new purchase or refinance. The title insurer (such as Stewart Title Guaranty) must record a Notice of Authorization in each county in which the insurer’s title agent wants to record a Certificate Of Release. If a mortgagee or a mortgage servicer fails to record a release within sixty (60) days after the agent's transmittal of the mortgage payoff, a duly appointed agent can execute and record a Certificate of Release of the mortgage. Prior to executing and recording the Certificate of Release, a duly appointed agent must send to the mortgagee or the mortgage servicer, a written notice of the agent's intent to execute and record a Certificate of Release in thirty (30) days.

Not applicable.

KSA 58-2309a allows a lender or designated closing agent, upon compliance with the terms of the statute, to enter a satisfaction if the lender or closing agent caused the indebtedness to be paid in full in reliance on a payoff and in conjunction with the sale, financing or refinancing of real estate subject to a mortgage. However, this section is rarely relied upon because the closing agent can be deemed liable in damages for full amount of indebtedness if mortgagee was not paid in accordance with payoff.

No one other than the lender is authorized by statute or otherwise to release a mortgage.

Individual parish clerks usually have preferred release forms available on their websites. R.S.9:5167.1 allows a notary, attorney or title agent (who paid a mortgagee that failed to return a cancellation form within 60 days) to file an affidavit and cancel the paid mortgage. Two other statutes allow for the filing of an affidavit by the notary, attorney, title agent or title insurer who has misplaced a release received from a mortgagee to cancel the released mortgage. See, R.S. 9:5167 and R. S. 9: 5168.

If a lender fails to release a mortgage after receiving payment, an attorney licensed to practice in Maine may release said mortgage by way of affidavit pursuant to 33 M.R.S.A. 553-A.

Under Maryland Real Property §3-105.2(c), when the debt secured by a mortgage, deed of trust, or lien instrument is paid fully or satisfied by a licensed title insurance producer, a title insurer, or a lawyer admitted to the Maryland Bar, and the party satisfied fails to provide a release suitable for recording, the settlement agent, title insurer, or lawyer may prepare and record a statutory release affidavit that may be received by the clerk and indexed and recorded as any other instrument in the nature of a release or certificate of satisfaction; and has the same effect as a release of the property for which the mortgage, deed of trust, or lien instrument is the security, as if a release were executed by the mortgagee, named trustees, or secured party. A copy of a certified copy of the payoff check or proof of a wire transfer must accompany the affidavit.

The lender issues the release. A servicer can issue the release, but it must be supported by documentary evidence that the servicer is in fact servicing the loan (e.g., servicing agreement, letter to the borrower to make payments to the servicer, etc.) An attorney practicing in Massachusetts can release a mortgage by use of an affidavit. The affidavit, however, is very comprehensive and must be accompanied by evidence to support it. See Gen. Laws, Chapter 183, sec. 55 (subsection g). The requirements of the statute are stringent and compliance with these requirements can be a complicated process.

Only the lender can discharge their mortgage.

Underwriter is authorized for mortgages up to 1.5 million dollars; can delegate to title agent. See Minn. Stat. Section 507.401.

Lender or Trustee named in the Deed of Trust may execute release.

Only the lender may execute a Deed of Release.

Method of releasing a mortgage by a personal representative, assignee, attorney in fact, heirs of mortgagee, and foreign administrators or executors is set out in M.C.A. §71-1-211. Title insurers or producers can reconvey if it fully paid the debt after proper notice per M.C.A. §§71-1-307, -308.

Yes, closing agent.

A title insurer may issue a Release of the Deed of Trust, as provided under Nevada Revised Statutes 107.077.

If a lender fails to release a mortgage after receiving payment, an attorney licensed to practice in New Hampshire may release said mortgage by way of affidavit pursuant to NH RSA 479:7-a.

N.J.S.A. 46:18-11.7 allows for a NJ attorney or title insurance producer, who has made payment in full on a mortgage, to submit for recording a discharge executed as attorney in fact for the owner or holder of the mortgage provided that it is accompanied by an affidavit setting forth the circumstances of payment. The form of affidavit is provided in the statute.

Title insurance underwriters (not agents) have the authority pursuant to state statute to execute and record releases of mortgages or deeds of trust subsequent to a 90-day period after payment in full of the mortgage or deed of trust and upon 10-day prior written notice to the lender. See Section 48-7-4.1 NMSA 1978.

Only the lender of record can release/discharge a mortgage.

A NC attorney may serve as a satisfaction agent acting on behalf of the landowner, and upon notice to the secured creditor of the intention to satisfy the recorded mortgage. The notice must identify the satisfaction agent, identify the security instrument to be satisfied, including parties, grounds for satisfaction, and authority. The statute sets out the specifics in NCGS § 45‑36.14.

NDCC 35-03-19: Authorizes title company to release mortgages of $500,000 or less.

Only a lender has the authority to release a security instrument. The lender or lender’s counsel prepares the release.

The Oklahoma Legislature passed Senate Bill 443, with an effective date of November 1, 2015, and codified as 36 O.S. Section 5008, which provides for the filing of an Affidavit of Release of Mortgage. Proper notice to the lender, as set forth in the statute, must be given. Please contact a Stewart underwriter for guidance.

Prior to November 1, 2015, no one other than the lender or its assigns is authorized to release a security instrument in Oklahoma.

Standard Release or Satisfaction of Mortgage forms utilized in Oklahoma are referenced below.

A title insurance company can prepare, execute and record a release of a Deed of Trust that they have paid through escrow pursuant to ORS 86.720.

Pursuant to the "Mortgage Satisfaction Act" (Act 197 of 2002 - effective 2/7/03) Settlement Officer who is a licensed title agent, employee of an underwriter or Pennsylvania licensed attorney who conducted closing or directly supervised closing through which Mortgage was paid off may satisfy.

Only an authorized signatory of a lender, or holder of the mortgage, may execute a Discharge of Mortgage. Statutory forms are found at Rhode island General Laws, Section 34-11-12.

The attorney who paid off a mortgage loan may satisfy the mortgage by affidavit if he or she has a written payoff statement from the lender and the cancelled check or proof of wire transfer for the proceeds paid to the lender.

Title Company can release mortgages, but note that the limit is for mortgages of $500,000 or less. SDCL 44-8-30 to 44-8-35.

Releases can only be executed by the lawful holder of the indebtedness.

Underwriter can sign a release affidavit after settlement agent has paid the loan and given lender notice that the loan was paid, no release has been sent by lender, and that the affidavit is being filed as a release. Proof of payment must be attached to the letter to the lender.

A title insurer or agent may reconvey a trust deed or release a mortgage if the obligation secured by trust deed or mortgage has been fully paid by the title insurer or agent or if the title insurer or agent has satisfactory evidence of the full payment of the obligation secured by the deed of trust or mortgage. See Utah Code Ann. § 57-1-40. The title insurer or agent must deliver a notice of intent to release or reconvey to the beneficiary, mortgagee or servicer together with a copy of the proposed reconveyance or release. The contents of the notice of intent to release or reconvey is described in Utah Code Ann. § 57-1-40(4). The title insurer or agent may reconvey the trust deed or release the mortgage if, within 60 days from the day on which the title insurer or agent delivered the notice of intent to release or reconvey, no notice from the beneficiary, mortgagee or servicer has been sent objecting to the reconveyance of the deed of trust or release of the mortgage. The contents of the reconveyance of the deed of trust or the release of mortgage may be found in Utah Code Ann. § 57-1-40(4).

(1) Under certain circumstances, a licensed attorney may discharge a recorded mortgage pursuant to 27 V.S.A., Section 464a;

(2) If a private Mortgagee is deceased, 27 V.S.A., Section 465 provides a mechanism for a Vermont Probate Court to assign a special administrator for the purpose of discharging the lien;

(3) If a corporate Mortgagee’s charter has expired, 27 V.S.A., Section 469 provides a mechanism for a Vermont Superior Court presiding judge to discharge the lien directly upon appropriate findings;

(4) Vermont Title Standard 28.5 addresses discharges for failed financial institutions; and

(5) Pursuant to 27 VSA Section 470, an improperly executed discharge (from a lending institution, not a private mortgage) on a 1-4 family residential property can be validated if no action is claimed within three years after the discharge is recorded and a suitable Affidavit by the homeowner is filed in the land records.

Lender, lender’s agent, or settlement agent may release.

On May 1, 2013, statute RCW 61.24.110 was amended to clarify agency relationships in reconveyances of deeds of trust and set out procedures if the trustee is unable or unwilling to recovney the deed of trust within 120 days following payment.

Lienholder or Trustee.

In Wisconsin, satisfaction of a mortgage is controlled by Wis. Stat. 708.15. In almost all cases, the secured creditor has the authority to, and will issue the satisfaction of mortgage. In the limited instance where a secured creditor fails to timely issue a satisfaction, Wis. Stat. 708.15(8)-(12) provides a procedure for a “Satisfaction agent” to record an “affidavit of satisfaction”. A recorded affidavit of satisfaction operates as a satisfaction of the underlying security instrument. The affidavit of satisfaction method is limited to residential property, which is defined as property primarily used for personal, family or household purposes and is improved by one to four dwelling units. Additionally, the affidavit of satisfaction may only be recorded after proper notice is given to the secured creditor and all the statutory requirements are followed. Under the statute, a satisfaction agent can only be a title insurance company, acting directly or through an authorized agent. A title insurance company is not required to act as a satisfaction agent, and this method is not commonly used to satisfy mortgages at this time. For additional information please see: http://docs.legis.wisconsin.gov/statutes/statutes/708

Wyoming statutes provide for the release or cancellation of a mortgage or deed of trust by the mortgagee or trustee. See Wyo. Stat. §34-2-113.

Provisions for the release of a mortgage or reconveyance of a deed of trust by a title company are in Wyo. Stat. §34-1-145 through 150.