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haworthrg · Joined: 22 Apr 2009 Posts: 2 1.33 Dollars($)

I own a lot on which 2 parties executed a mortgage and a promissory note. In return for my cash payment, I have been released from all liability on the note and am seeking a certificate of satisfaction. Well over 60 days have expired since I was released from the note.

jenkin7 · Posted: Mon Apr 27, 2009 11:18 pm Post subject:

Hi haworthrg,

Chapter 701 of the mortgage laws does make the lender liable to issue a certificate of satisfaction to the borrower upon payment of all due obligations within the 60 days of the final payments. If they fail to do so, they are guilty of misdemeanor of the second degree. I think you should talk with a lawyer as he is the best person to guide you on how you can take action against the lender.

Guest

What is your reference for the statement that a lender who fails to issue a certificate of satisfaction is guilty of a misdemeanor of the 2nd degree. It doesn't seem to appear in Chapter 701 unless I don't have access to the entire provision. It's the misdemeanor that I am concerned about.

savior70 · Posted: Wed Apr 29, 2009 6:16 am Post subject:

Hi

One of the provisions of the chapter 701 does state that the lender is guilty of misdemeanor of second degree if they fail to provide the borrower with a certificate of release within 30 days of written demand for the same made by the borrower. I found it at the following site:

http://www.leg.state.fl.us/statutes/index.cfm?App_Mode=Display_Statute &Search_String=&URL=Ch0701/Sec05.htm&StatuteYear=2004

Hope this helps.

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What is the authority for your reference to a misdemeanor of the 2nd degree under Ch. 701?