Montgomery County Release and Satisfaction of Mortgage (Husband and Wife) Form

When a married couple has carried a mortgage on Ohio real estate, the paid-off loan comes off the record by one instrument signed by both of them. This Ohio release and satisfaction of mortgage recites exactly that pair: two mortgagees, husband and wife, who hold the mortgage of record and who certify under Ohio Revised Code Section 5301.34 that it has been fully paid and satisfied.

Two lenders, one certificate

Section 5301.34 discharges a mortgage upon its record when the county recorder is presented with a certificate executed by the mortgagee or the mortgagee's assigns, acknowledged as Section 5301.01 provides, certifying that the mortgage has been fully paid and satisfied. Where a couple took back a purchase-money mortgage on a house they sold, the mortgagees are two people, and the certificate that discharges the lien is the certificate of both. This form recites that the two mortgagees are husband and wife and hold the mortgage of record, whether as the mortgagees named in the mortgage itself or as the assigns of the original mortgagee under a recorded assignment, which the form identifies in its own section.

What the instrument certifies and releases

The operative section states the statutory certification in the statute's own terms, that the mortgage identified in the form has been fully paid and satisfied, and then releases, satisfies, and discharges the mortgage and its lien on the described property. The release is of the whole mortgage; Ohio treats a partial release as a separate instrument under Section 5301.32, and the form says so on its face. The property is described as the mortgage describes it, with the parcel number and municipal corporation or township that Section 5301.46 names for a separate instrument of release in a sectional-index county.

Ninety days and the dollar figures behind them

Ohio puts the recording duty on the lender. Section 5301.36(B) requires the mortgagee to record a release within ninety days of satisfaction and to pay the recording fee, and division (C) makes a mortgagee who misses that window liable to the mortgagor and the current owner for damages of two hundred fifty dollars. A second stage follows a written notice from the owner: fifteen more days, then attorney's fees and costs plus one hundred dollars for each day of noncompliance, up to five thousand dollars. A couple who financed a sale privately carries that duty personally, and a mortgage satisfaction form for husband and wife lenders is the instrument that closes it out.

The husband and wife configuration

The form recites exactly two mortgagees who are married to each other, prints the words husband and wife as part of the instrument rather than leaving status to a blank, and labels the two signature blocks Husband and Wife. Both sign; each signature is followed by a separate acknowledgment certificate in the Section 147.55(A) short form, so the spouses may acknowledge on different days, before different notaries, or in different states, a layout the form carries rather than a rule Ohio imposes. A married couple who sold a home with seller financing, and a couple who lent against a relative's property and have now been repaid, present the two-mortgagee pattern this release recites. The form is not set up as a release by one mortgagee, by two unmarried co-lenders, by a bank or other entity, by a trustee, by an attorney-in-fact, or by the estate of a deceased mortgagee; each of those recites a different signer.

Built for the Ohio recorder

The instrument is laid out to Section 317.114: a three-inch blank top margin on the first page for the recorder's endorsement, one-inch side and bottom margins, a one-and-one-half-inch top margin on later pages, and type above the ten-point minimum. It carries the preparer statement Section 317.111 requires and a printed name under each signature. Because a satisfaction of mortgage is not a conveyance, the auditor transfer stamp and conveyance fee statement that accompany an Ohio deed do not enter the picture; the signed and acknowledged certificate goes directly to the county recorder of the county where the mortgage is recorded.

The package includes the fillable form, a completed example filled in for a realistic Greene County fact pattern, and the guide that walks through every numbered section, the signing formalities, and the recording process. This description and the guide describe the form and the governing Ohio statutes in general terms; they are not legal advice.