Cherokee County Full Release and Discharge of Mortgage Form (Oklahoma)

The following Oklahoma and Cherokee County supplemental forms are included as a courtesy with your order:

When using these Full Release and Discharge of Mortgage forms, the subject real estate must be physically located in Cherokee County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Cherokee County include:

• Cookson
• Hulbert
• Moodys
• Park Hill
• Peggs
• Tahlequah
• Welling

Use this form to release a mortgage when it has been paid in full.
A mortgage on real property may be released by written instrument, duly signed and acknowledged and recorded in the office of the county clerk as register of deeds. (OK Statute 46-16. How released.)

Generally, the mortgagee/lender has 50 days to release a mortgage to avoid penalty.
[A. Any mortgage on real estate shall be released by the holder of any such mortgage within fifty (50) days of the payment of the debt secured by the mortgage and the holder of the mortgage shall file the release of the mortgage with the county clerk where the mortgage is recorded. If, at the end of the fifty-day period, the holder has failed to release the mortgage, the mortgagor may at any time request in writing the holder of the mortgage to release the mortgage and the holder of the mortgage shall have ten (10) days from the date of the request to release such mortgage. If the holder of the mortgage fails to release the mortgage by the end of such ten-day period, he shall then forfeit and pay to the mortgagor a penalty of one percent (1%) of the principal debt not to exceed One Hundred Dollars ($100.00) per day each day the release is not recorded after the ten-day period has expired and the penalty shall be recovered in a civil action in any court having jurisdiction thereof, but the request for the release shall be in writing and describe the mortgage and premises with reasonable certainty. Provided that, the total penalty shall not exceed one hundred percent (100%) of the total principal debt.

B. For purposes of this section, "mortgagor" shall include any subsequent purchaser of the mortgaged real estate.] [OK Statute 46-15. Holder must release - Penalty - Mortgagor defined.]

Attorney or Agent may also release a mortgage. {Any agent or attorney duly authorized to collect the debt secured thereby shall have power and authority to release a mortgage.} {OK Statute 46-14. Release by attorney.}

(Oklahoma DOM Package includes form, guidelines, and completed example)

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