Mortgage — Satisfaction — Failure to release of record — Penalty.
When any mortgage, affecting the title to real property, has been satisfied, the holder thereof or his assignee must immediately, on the demand of the mortgagor, purchaser, or the successor in interest of either, execute, acknowledge, and deliver to him a certificate of the discharge thereof so as to entitle it to be recorded, or he must enter satisfaction or cause satisfaction of such mortgage or affecting the title to real property, to be entered of record; and any holder, or assignee of such holder, who refuses to execute, acknowledge, and deliver to the mortgagor, purchaser, or the successor in interest of either, the certificate of discharge, or to enter satisfaction, or cause satisfaction of the mortgage to be entered, as provided in this chapter, is liable to the mortgagor, purchaser, or his grantee or heirs, for all damages which he or they may sustain by reason of such refusal, and shall also forfeit to him or them the sum of $100.
Notes of Decisions
David Steed & Assocs., Inc. v. Young, 766 P.2d 717 (Idaho 1988).
· cites it 4× “§ 3364 (now codified at I.C. § 45-915) for the mortgage company's failure to record a satisfaction of the mortgage.”
Head v. Crone, 279 P.2d 1064 (Idaho 1955).
· cites it 10× “Appellants brought this action, consisting of four causes of action, under I.C. § 45-915 to recover damages and statutory penalty from respondent occasioned by reason of his failure to release six certain chattel mortgages dated variously commencing January 22, 1942, and ending…”
Brinton v. Haight, 870 P.2d 677 (Idaho Ct. App. 1994).
· cites it 8× “Our Supreme Court there held that fees for preparing and recording a chattel mortgage need not be tendered to the mortgagee in order to trigger the mortgagee’s duty to execute a release pursuant to I.C. § 45-915. The Supreme Court stated: I.”
Dohrman v. Tomlinson, 399 P.2d 255 (Idaho 1965).
· cites it 2× “Respondents rely upon I.C. § 45-915 as authority for sustaining each award of damages made by the court.”
In Re Heward Bros., 210 B.R. 475 (Bankr. D. Idaho 1997).
· cites it 2× “2d 255 (1965); Idaho Code § 45-915 (providing for penalties upon failure to release a satisfied mortgage).”
Head v. Crone, 324 P.2d 996 (Idaho 1958).
· cites it 6× “In our decision on the first appeal of this case we used the following language: “Appellants in their third cause of action and on the appeal relating thereto allege reasonable attorneys fees are recoverable as an element of damage.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.