45-915. 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.
History:
[(45-915) 1863, p. 528, sec. 39; R.S., sec. 3364; reen. R.C. & C.L., sec. 3402; C.S., sec. 6369; I.C.A., sec. 44-815; am. 1943, ch. 100, sec. 1, p. 194; am. 1967, ch. 272, sec. 18, p. 745.]
Structure Idaho Code
Title 45 - LIENS, MORTGAGES AND PLEDGES
Chapter 9 - MORTGAGES IN GENERAL
Section 45-901 - MORTGAGE DEFINED.
Section 45-902 - MORTGAGE MUST BE IN WRITING.
Section 45-903 - LIEN OF MORTGAGE IS SPECIAL.
Section 45-904 - TRANSFERS DEEMED MORTGAGES.
Section 45-905 - DEFEASANCE MAY BE SHOWN BY PAROL.
Section 45-906 - EXTENT OF MORTGAGE LIEN.
Section 45-907 - SUBSEQUENT TITLE INURES TO MORTGAGEE.
Section 45-908 - POWER OF ATTORNEY TO MORTGAGE.
Section 45-909 - RECORDING ASSIGNMENT OF MORTGAGE.
Section 45-910 - RECORD OF ASSIGNMENT NOT NOTICE TO MORTGAGOR.
Section 45-911 - ASSIGNMENT OF DEBT CARRIES SECURITY.
Section 45-912 - MARGINAL DISCHARGE OF MORTGAGE.
Section 45-913 - DISCHARGE OF MORTGAGE ON CERTIFICATE.
Section 45-914 - RECORD OF DISCHARGE.
Section 45-915 - MORTGAGE — SATISFACTION — FAILURE TO RELEASE OF RECORD — PENALTY.