Legal Question in Business Law in Florida
Satisfaction of Mortgage
We have paid off our mortgage with Sun Trust about 4 months ago and have heard nothing from them. There is also no Satisfaction of Mortgage filed with the clerk of the court. Is this slander of title? We have called, written - no response - complained to the Department of Banking Finance in GA - no response from Sun Trust. Should we get a clear title or deed back from them? We would like to refinance but cannot do so if their mortgage is not removed from our title. How does one get response from SunTrust??
2 Answers from Attorneys
Re: Satisfaction of Mortgage
Use our step-by-step tutorials to draft a lawsuit and mail it to them, explaining that unless you get your satisfaction within 10 days you will file the suit and proceed against them.
Jurisdictionary.com
Re: Satisfaction of Mortgage
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Pursuant to Florida Statute 701.04, a lender must satisfy a mortgage within 60 days of payoff. The Statute states "Within 60
days of the date of receipt of the full payment of the mortgage, lien, or judgment, the person required to acknowledge satisfaction of the mortgage, lien, or judgment shall send or cause to be sent the recorded satisfaction to the person who has made the full payment. In the case of a civil action arising out of the provisions of this section, the prevailing party shall be entitled to attorney's fees and costs.
I suggest that a strongly worded letter by an attorney will have your mortgage satisfied immediately. I just accomplished this on a mortgage which clouded title to property my clients were selling and got the Satisfaction the very next day. Good luck.
Scott R. Jay, Esq.
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