Upon paying off your mortgage your bank must record a ‘Satisfaction of Mortgage’ to release the mortgage from encumbering your property. Recording a satisfaction should be an easy process for a mortgage lender. However, often due to disorganization, carelessness, or inattention, mortgage lenders fail to timely record a satisfaction.
Regardless of whether your lender is seeking additional payment, without a recorded Satisfaction of Mortgage, you still have a mortgage encumbering your property. This may cause problems if you seek to maximize the equity in your property through a line of credit or sell your property.
In Ohio, a lender must record the satisfaction of a residential mortgage within 90 days from the date the mortgage was paid off. If the mortgage lender fails to comply with this requirement, the borrower may recover, in a civil action, damages of $250. This provision doesn't prevent the borrower from seeking any other remedies that might be available to him or her. See ORC section 5301.36.
If your mortgage has not been released despite you having paid it off, contact Marsalka Law, LLC.
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