Maine Revised Statutes

Me. Rev. Stat. tit. 33, § 551 (2026)

Entry on record; neglect to discharge

✓ current as of May 2026
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A mortgage only may be discharged by a written instrument acknowledging the satisfaction thereof and signed and acknowledged by the mortgagee or by the mortgagee's duly authorized officer or agent, personal representative or assignee. The instrument must recite the name or identity of the mortgagee and mortgagor, or their successors in interest and the record location of the mortgage discharged. The instrument, when recorded, has the same effect as a deed of release duly acknowledged and recorded.   [PL 1999, c. 230, §1 (AMD); PL 1999, c. 230, §2 (AFF).]
Within 60 days after full performance of the conditions of the mortgage, the mortgagee shall record a valid and complete release of mortgage together with any instrument of assignment necessary to establish the mortgagee's record ownership of the mortgage. Within 30 days after receiving the recorded release of the mortgage from the registry of deeds, the mortgagee shall send the release by first class mail to the mortgagor’s address as listed in the mortgage agreement or to an address specified in writing by the mortgagor for this purpose. As used in this paragraph, the term "mortgagee" means both the owner of the mortgage at the time it is satisfied and any servicer who receives the final payment satisfying the debt. If a release is not transmitted to the registry of deeds within 60 days, the owner and any such servicer are jointly and severally liable to an aggrieved party for damages equal to exemplary damages of $200 per week after expiration of the 60 days, up to an aggregate maximum of $5,000 for all aggrieved parties or the actual loss sustained by the aggrieved party, whichever is greater. If multiple aggrieved parties seek exemplary damages, the court shall equitably allocate the maximum amount. If the release is not sent by first class mail to the mortgagor’s address as listed in the mortgage agreement or to an address specified in writing by the mortgagor for this purpose within 30 days after receiving the recorded release, the mortgagee is liable to an aggrieved party for damages equal to exemplary damages of $500. The mortgagee is also liable for court costs and reasonable attorney's fees in any successful action to enforce the liability imposed under this paragraph. The mortgagee may charge the mortgagor for any recording fees incurred in recording the release of mortgage and any postage fees incurred in sending the release to the mortgagor.   [PL 2011, c. 146, §1 (AMD).]
With respect to a mortgage securing an open-end line of credit, the 60-day period to deliver a release commences after the mortgagor delivers to the address designated for payments under the line of credit a written request to terminate the line and the mortgage together with payment in full of all amounts secured by the mortgage. The mortgagee may designate in writing a different address for delivery of written notices under this paragraph.   [PL 1999, c. 230, §1 (NEW); PL 1999, c. 230, §2 (AFF).]
All discharges of recorded mortgages, attachments or liens of any nature must be recorded by a written instrument and, except for termination statements filed pursuant to Title 11, section 9‑1513, acknowledged in same manner as other instruments presented for record and no such discharges may be permitted by entry in the margin of the instrument to be discharged.   [PL 1999, c. 699, Pt. D, §22 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]
SECTION HISTORY
PL 1973, c. 18 (AMD). PL 1973, c. 625, §226 (AMD). PL 1973, c. 788, §166 (AMD). PL 1977, c. 100, §§1,2 (AMD). PL 1999, c. 230, §1 (AMD). PL 1999, c. 230, §2 (AFF). PL 1999, c. 699, §D22 (AMD). PL 1999, c. 699, §D30 (AFF). PL 2011, c. 146, §1 (AMD).
Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2008–2024 · leading case: Alec T. Sabina v. JPMorgan Chase Bank, N.A., 2016 ME 141 (Me. 2016).
Alec T. Sabina v. JPMorgan Chase Bank, N.A., 2016 ME 141 (Me. 2016). · cites it 14× “2 2 Title 33 M.R.S. § 551 (2015) provides, in its entirety: § 551.”
Heidi Pushard v. Bank of Am. N.A., 2017 ME 230 (Me. 2017). · cites it 4× “(the Bank), on the Push-ards’ claims against the Bank for declaratory and injunctive relief, slander of title, and damages pursuant to 33 M.R.S. § 551 (2016). We do not disturb the judgments on the Pushards’ claims for slander of title, damages pursuant to section 551, and…”
Currier v. Huron, 2008 ME 19 (Me. 2008). · cites it 13× “63 in attorney fees, pursuant to 33 M.R.S. § 551 (2007), for Tamber Huron’s delayed discharge of a mortgage.”
Pamela A. Denutte v. U.S. Bank, N.A., 2019 ME 124 (Me. 2019). · cites it 6× “See 33 M.R.S. § 551 (2018). She filed a complaint against U.”
Charles D. Finch v. U.S. Banik, N.A., 2024 ME 2 (Me. 2024). “The court set the matter for a hearing to determine the extent to which the Bank might be entitled to restitution for expenditures that were made after 3 He also asserted a claim for damages under 33 M.R.S. § 551 (2023), but he later dismissed that claim.”
Pamela A. Denutte v. U.S. Bank, N.A., 2019 ME 124 (Me. 2019). · cites it 6× “See 33 M.R.S. § 551 (2018). She filed a complaint against U.”
Denutte v. U.S. Bank (Me. Super. Ct 2018). · cites it 5× “) Ms, Denutte filed her one-count Class Action Complaint (the "Complaint") on behalf of herself and as representative of a putative class of other similarly situated plaintiffs on September 26, 2017, seeking an order certifying the proposed Plaintiff Class and awa1·ding "damages…”
Craig v. E-Trade Bank (Me. Super. Ct 2015). · cites it 5× “Therefore, E-Trade contends that it did not violate 33 M.R.S. § 551- authorizing damages if a mortgagee fails to discharge a mortgage within 60 days of the full performance of the conditions thereof-and that the Court should declare the Mortgage remains valid.”
Sabina v. JP Morgan Chase Bank (Me. Super. Ct 2017). · cites it 2× “Defendant contends that the Plaintiffs have failed to state a claim upon which relief can be granted, as the statute in question does not expressly mandate that the "original" release be returned.”
Sabina v. Wells Fargo Home Mortg. (Me. Super. Ct 2015). · cites it 2× “1 The lender also has to sen4 the release by first-class mail to the borrower within 30 days after receiving it back from the registry of deeds.”
Us Bank Nat'l Ass'n as Tr. for Structured Asset Inv. Loan Trust Mortg. Pass-through Certificates Series 2005-4 v. Janelle (D. Me. 2021). “See 33 M.R.S. § 551 (“A mortgage only may be discharged by a written instrument acknowledging the satisfaction thereof and signed and acknowledged by the mortgagee or by the mortgagee’s duly authorized officer or agent, personal representative or assignee”).”
Us Bank Nat'l Ass'n as Tr. for Structured Asset Inv. Loan Trust Mortg. Pass-through Certificates Series 2005-4 v. Janelle (D. Me. 2021). “See 33 M.R.S. § 551 (“A mortgage only may be discharged by a written instrument acknowledging the satisfaction thereof and signed and acknowledged by the mortgagee or by the mortgagee’s duly authorized officer or agent, personal representative or assignee”).”
— Me. Rev. Stat. tit. 33, § 551(2007) — 1 case
Currier v. Huron, 2008 ME 19 (Me. 2008). “63 in attorney fees, pursuant to 33 M.R.S. § 551 (2007), for Tamber Huron’s delayed discharge of a mortgage.”
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