A mortgage lien release, also referred to as a “satisfaction of mortgage,” is a post-closing document that notes that the borrower has fully paid off the mortgage, freeing the lien on the property. The form can get the title of the property released, showing that the borrower is the sole owner of the property.
Typically, this document is provided by the bank or lender that issued the initial loan and will be provided to the Land Records Office of the county in which the property is located.
What Is the Difference Between Releasing and Satisfying a Mortgage?
- You release a mortgage or charge when the lender no longer holds ownership of the property.
- You satisfy a mortgage or charge when the debt has been paid in full.
How a Satisfaction of Mortgage Works
Typically, a mortgage gets satisfied in two ways:
- Full-Term Repayment: Make all your scheduled payments throughout the loan term. This is the most common way to satisfy a mortgage.
- Early Payoff: Pay off the entire mortgage balance before the loan term ends. This can involve extra payments or refinancing.
The satisfaction of mortgage document will contain:
- The names of all parties, including the borrower and the lender.
- The details of the loan.
- Payments made.
- The collateral property details.
- A release from the lien against the property.
- The transfer of the property title.
Both the borrower and the lender will need to sign the document. Then, it will need to be filed in the relevant county. Typically, the lending institution will submit the release of mortgage document to the relevant office in the county where the property is located. That may be the County Recorder, the Register of Deeds, or another relevant office within the county.
If your loan has been sold to a third party, the new owner of the loan will complete the document.
The Parties in a Satisfaction of Mortgage
There are two key parties involved in the process:
- The lending institution, which is the party that initially issued a loan on the property.
- The borrower, or the individual or entity that borrowed that money.
When to Use a Satisfaction of Mortgage
Satisfying a loan occurs when the terms of the loan have been met: typically, the borrower has paid back all funds issued by the lender at the time the loan was issued.
A satisfaction of mortgage is used in various circumstances, to officially acknowledge the debt has been paid in full:
- Property Sale or Transfer: Ensures there are no outstanding liens on the property if you’re selling it or transferring ownership.
- Refinancing: Clears the title for the new loan when refinancing your mortgage with a new lender.
- Loan Modification or Assumption: Documents any changes, if you’ve modified the terms of your existing mortgage or if someone else is assuming the mortgage.
- Legal Requirements: In some jurisdictions, the form may be required by law to be filed with the appropriate government office to officially release the lien on the property.
- Clearing Title Issues: Helps resolve any disputes or discrepancies regarding the mortgage status or ownership of the property by providing clear evidence of loan satisfaction.
- End of Bankruptcy Proceedings: If your property was included in a bankruptcy case and the mortgage debt has been discharged.
- Estate Planning: Ensures a clear title transfer in cases where property ownership is transferred due to inheritance or estate planning.
Example of a Satisfaction of Mortgage
Suppose that you took out a standard 30-year loan when you purchased your home. However, you know that paying off your home early can cut down on interest costs and can make a significant difference during your retirement years. As a result, after 20 years, you have paid off your home.
You will contact your lender for the document that will confirm that the home is paid off, that you own it entirely, and that you do not have to worry about further payments. The form will also make it easier if you plan to borrow money against your home in the future.
Satisfaction of Mortgage vs Lien Release
- A satisfaction of mortgage notes that you have fully satisfied, or paid off, the mortgage on the property and releases you from further obligations.
- A lien release, on the other hand, releases the lien from the property. In some cases, may leave a borrower personally liable for any unpaid loan balance.
A lien release without the satisfaction of mortgage may occur when a property is sold in a short sale or when you had a loan at a failed bank.
Satisfaction of Mortgage Timeline
Filing the Document:
- 30-90 Days (varies by state): The lender is responsible for filing the satisfaction of mortgage with the local government office (usually the recorder of deeds). Some states have stricter timelines, while others allow lenders more flexibility.
Receiving Notification:
- Once Filed: You should receive a notification from your lender or the government office confirming that the satisfaction of mortgage has been recorded.
Taking Action (Optional):
- After Receiving Notice: While not always necessary, some homeowners prefer to obtain a copy of the recorded satisfaction of mortgage for their own records.
Satisfaction of Mortgage States
The table below provides an overview of the states that use satisfaction of mortgage forms, detailing requirements for releasing property liens once loans are fully repaid, along with penalties for non-compliance.
State | Recording Satisfaction | Penalty |
---|---|---|
Alabama | The mortgage is satisfied, and the title passes, once all debts and obligations are cleared, and a written request is served and acknowledged by the mortgagee (§ 35-10-26). | If the mortgagee fails to fulfill the satisfaction request within 30 days, they forfeit $200 to the requester unless there's a pending action contesting the payment (§ 35-10-30). |
Arizona | Upon satisfaction of a mortgage or deed of trust, the mortgagee or must acknowledge this by delivering or recording a release that includes the docket and page number or recording number (§ 33-707). | Failing to record within 30 days of receiving full satisfaction makes the person liable for actual damages; if they fail to do so within 30 days of a certified mail request, they owe $1,000 plus any actual damages (§ 33-712). |
Arkansas | Upon full satisfaction of a mortgage, the mortgagee must acknowledge the satisfaction in the public records, releasing the mortgage and revesting the property title to the mortgagor. | If a person receiving satisfaction fails to acknowledge it within 60 days of being requested, they must forfeit a sum up to the mortgage amount, recoverable through civil action (§ 18-40-104). |
Connecticut | Mortgages can be released through a written instrument executed like a land deed, transferring legal title upon discharge or satisfaction of the obligation (§ 49-9). | Failure to promptly deliver a release upon mortgage satisfaction within 60 days of a written request may lead to liability for damages, up to $5,000 per week of delay or the actual incurred loss (§ 49-8). |
Delaware | Upon satisfaction or performance of a debt secured by a mortgage, the holder of the title must execute and acknowledge a proper reconveyance of the mortgaged premises. | Failure to promptly record the satisfaction of a mortgage within 60 days of satisfaction or performance can result in fines up to $1,000 per instance, plus associated costs (tit. 25 § 2111). |
How to Get a Satisfaction of Mortgage
The buyer is not directly responsible for creating the document and filing it with the appropriate agency. In most cases, the lender will take care of those essential steps.
However, you should always do your due diligence and make sure that the process is taken care of. Without the document, the property may continue to show a lien against it, which means that you may have trouble using the home as collateral for a future line of credit (Refer to 46 CFR § 67.265 for relevant regulations regarding instruments evidencing satisfaction or release).
Step 1: Make Your Final Mortgage Payment
If you have been working to pay it off early, you may want to contact your lender to make sure you cover the exact amount owed, including any final interest payments. Keep the relevant documentation, such as a transaction receipt or confirmation number, for your records. This will serve as proof of your final payment and help validate the completion of your mortgage obligation.
Ensure you’re aware of any early repayment fees that may have been set at the time the mortgage was signed.
Step 2: Contact Your Lender
Some lenders will automatically track when mortgages are satisfied and send out the relevant paperwork. Others, however, may require you to get in touch with them.
Keep in mind that if you have automated payments to your lender, you may need to get in touch to make sure that those payments stop on time. Your lender will let you know about any extra steps you may need to take.
Step 3: Sign and Track the Filing
Some institutions will now allow you to sign your document online. In other cases, you may need to go to your lender in person or take your form to a notary to confirm that you have signed the document.
Track the filing status and make sure that your lender gets everything filled out correctly.
Step 4: Check if the Lien Was Released
After the satisfaction of mortgage is processed, it’s crucial to verify if the lien against the property has been released properly. You can do this by checking with the local Secretary of State or the relevant government office responsible for recording property documents. They should have records indicating the release of the lien.
Contact the title company if you just closed on a home and bought title insurance and see no release 90 days after closing. Recording fees are usually a part of the closing costs, so be sure this isn’t a fee you’ve already paid for. Reach out to the title agent or real estate attorney for assistance. Until the old mortgage lien is released, it will remain as a cloud on your title, affecting a future property sale.
Step 5: Obtain Your Copy
The form will typically be filed with the county in which the property is located. Make sure that you get a copy for your records. If you have not received one promptly, you may need to contact your lender to request one.
Alternatively, you may need to wait for your county to send you a copy. Keep in mind that the timeline for receiving it may vary depending on the processing times of the county recorder’s office. Obtaining a copy ensures that you have documented proof of the release of the lien on your property.
Mortgage Lien Release (Satisfaction of Mortgage) Sample
You can download a satisfaction of mortgage form below in PDF or Word format.
Frequently Asked Questions
What happens if a lender fails to record a satisfaction of mortgage?
If a lender fails to record a satisfaction of mortgage, you may need to pursue legal action. A lawyer can file documentation that will force the lender to release the lien against the property. State property records will show whether the lien on the property has been released.
Does the satisfaction of mortgage have to be notarized?
Yes, a satisfaction of mortgage needs to be notarized in order to validate the document.
Is a satisfaction of mortgage the same as a deed of reconveyance?
A deed of reconveyance releases a property back to the borrower from the mortgage lender. It is a similar document to a satisfaction of mortgage. It typically certifies that all debts related to the property have been repaid.