What is a mortgage release form from our bank?

Full question:

My husband and I have received a mortgage release form from our bank that states that the property (our address) is paid, satisfied, released, and discharged. What does this mean?

  • Category: Real Property
  • Subcategory: Mortgage Satisfaction
  • Date:
  • State: Kentucky

Answer:

Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien.

The Kentucky statute dealing with releases of mortgages provides in part as follows: A holder of a lien on real property, including a lien provided for in KRS 376.010, shall release the lien in the county clerk's office where the lien is recorded within thirty (30) days from the date of satisfaction.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a mortgage is released, it means that the lender has formally acknowledged that the borrower has paid off the mortgage. This is documented through a satisfaction of mortgage, which removes the lender's lien on the property. The release must be recorded with the county office to inform others that the mortgage obligation has been fulfilled.