Elkhart County Full Release of Mortgage Form

Additional Indiana and Elkhart County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Elkhart County

Properties in any of these areas use Elkhart County forms:

• Bristol
• Elkhart
• Goshen
• Middlebury
• Millersburg
• Nappanee
• New Paris
• Wakarusa

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In general a lender has 15 days once notified to release a mortgage to avoid penalty.

((1) a sum not to exceed five hundred dollars ($500) for the failure, neglect, or refusal of the owner, holder, or custodian to:
(A) release;
(B) discharge; and
(C) satisfy of record the mortgage or lien; and
(2) costs and reasonable attorney's fees incurred in enforcing the release, discharge, or satisfaction of record of the mortgage or lien.
(c) If the court finds in favor of a plaintiff who files an action to recover damages under subsection (b), the court shall award the plaintiff the costs of the action and reasonable attorney's fees as a part of the judgment.
(d) The court may appoint a commissioner and direct the commissioner to release and satisfy the mortgage, mechanic's lien, judgment, or other lien. The costs incurred in connection with releasing and satisfying the mortgage, mechanic's lien, judgment, or other lien shall be taxed as a part of the costs of the action. (e) The owner, holder, or custodian, by virtue of having recorded the mortgage, mechanic's lien, judgment, or other lien in Indiana, submits to the jurisdiction of the courts of Indiana as to any action arising under this section.) (IC 32-28-1-2 (b)(1))

IC 32-29-1-6 Payment in full; release and discharge of mortgage
Sec. 6. After a mortgagee of property whose mortgage has been recorded has received full payment from the mortgagor of the sum specified in the mortgage, the mortgagee shall, at the request of the mortgagor, enter in the record of the mortgage that the mortgage has been satisfied. An entry in the record showing that a mortgage has been satisfied operates as a complete release and discharge of the mortgage.

((a) It is lawful for:
(1) the president, vice president, cashier, secretary, treasurer, attorney in fact, or other authorized representative of a national bank, state bank, trust company, or savings bank; or
(2) the president, vice president, general manager, secretary, treasurer, attorney in fact, or other authorized representative of any other corporation doing business in Indiana;
to release upon the record mortgages, judgments, and other record liens upon the payment of the debts secured by the liens.) (IC 32-29-5-1)

(Indiana Mortgage Release Package includes form, guidelines, and completed example) For use in Indiana only.

Important: Your property must be located in Elkhart County to use these forms. Documents should be recorded at the county recording office listed above.

This Full Release of Mortgage meets all recording requirements specific to Elkhart County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Elkhart County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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