§ 32-29-6-10 — Certificate of release; contents

Indiana § 32-29-6-10

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 29: MORTGAGES
• Ch. 6: Mortgage Release by Title Insurance Companies

Text

A certificate of release executed under this
chapter must contain substantially all of the following:
(1) The name of the mortgagor, the name of the original
mortgagee and, if applicable, the name of the mortgage servicer,
the date of the mortgage, the date of recording of the mortgage,
and the volume and page or instrument number for the mortgage
in the real property records where the mortgage is recorded,
together with similar information for the last recorded assignment
of the mortgage.
(2) A statement that the mortgage was in the original principal
amount of not more than one million dollars ($1,000,000).
(3) A statement that the person executing the certificate of release
is an officer or a duly appointed agent of a title insurance
company authorized and licensed to transact the business of
insuring titles to interests in real property in Indiana under IC 27.
(4) A statement that the certificate of release is made on behalf of
the mortgagor or a person who acquired a lien from the mortgagor
against all or part of the property described in the mortgage.
(5) A statement that the mortgagee or mortgage servicer provided
a payoff statement that was used to make payment in full of the
unpaid balance of the loan secured by the mortgage.
(6) A statement that payment in full of the unpaid balance of the
loan secured by the mortgage was made in accordance with the
written or verbal payoff statement and received by the mortgagee
or mortgage servicer, as evidenced in the records of the title
insurance company or its agents by:
(A) a bank check;
(B) a certified check;
(C) an escrow account check from the title company or title
insurance agent;
(D) an attorney trust account check that has been negotiated by
the mortgagee or mortgage servicer; or
(E) any other documentary evidence of payment to the
mortgagee or mortgage servicer.
(7) A statement indicating that more than sixty (60) days have
elapsed since the date payment in full was sent.
(8) A statement that after the expiration of the sixty (60) day
period referred to in section 9 of this chapter, the title insurance
company, its officers, or its agent sent to the last known address
of the mortgagee or mortgage servicer, at least thirty (30) days
before executing the certificate of release, notice in writing of its
intention to execute and record a certificate of release as required
under this section, with an unexecuted copy of the proposed
certificate of release attached to the written notice.
(9) A statement that neither the title insurance company nor its
officers or agent have received notification in writing of any
reason why the certificate of release should not be executed and
recorded after the expiration of the thirty (30) day notice period
referred to in section 9 of this chapter.
[Pre-2002 Recodification Citation: 32-8-15.5-10.]

Legislative History

As added by P.L.2-2002, SEC.14.