71-1-211. Satisfaction of mortgage -- record thereof. (1) A mortgage must be discharged upon the record by the county clerk in whose custody it is recorded whenever there is presented to the clerk a certificate executed by the mortgagee or the mortgagee's personal representative or assignee, acknowledged or proved and certified as prescribed in this chapter that entitles a conveyance to be recorded, specifying that the mortgage has been paid or otherwise satisfied or discharged.
(2) Every certificate and the proof and acknowledgment must be recorded at full length, and a reference must be made to the book and page containing the record in the mortgagor and mortgagee indexes as to the discharge of the mortgage.
History: En. Secs. 37, 38, p. 485, Bannack Stat.; re-en. Secs. 37, 38, p. 402, Cod. Stat. 1871; re-en. Secs. 214, 215, 5th Div. Rev. Stat. 1879; re-en. Secs. 272, 273, 5th Div. Comp. Stat. 1887; re-en. Secs. 3846, 3847, Civ. C. 1895; re-en. Secs. 5753, 5754, Rev. C. 1907; re-en. Secs. 8269, 8270, R.C.M. 1921; Cal. Civ. C. Secs. 2939, 2940; re-en. Secs. 8269, 8270, R.C.M. 1935; R.C.M. 1947, 52-208, 52-209; amd. Sec. 1, Ch. 127, L. 1981; amd. Sec. 2243, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 71. Mortgages, Pledges, and Liens
Part 2. Mortgages of Real Property
71-1-201. What real property may be mortgaged -- debts secured
71-1-202. Mortgage not considered conveyance -- recovery of possession
71-1-207. Recording of mortgages and assignments
71-1-208. Recording of subordination or waiver agreements
71-1-209. Recording defeasance necessary to affect grant
71-1-210. Period of mortgage -- renewal
71-1-211. Satisfaction of mortgage -- record thereof
71-1-212. Penalties for failure to give certificate of discharge or release after full performance
71-1-213. Discharge or release by other than mortgagee
71-1-214. through 71-1-220 reserved
71-1-221. Definition of foreclosure
71-1-222. Proceedings in foreclosure suits
71-1-225. Surplus money from sale
71-1-226. Proceedings when debt secured falls due at different times
71-1-227. Injunction to prevent injury to property
71-1-228. Rights of redemption applicable
71-1-229. Possession of land prior to foreclosure upon default and during period of redemption
71-1-230. Action to redeem mortgage
71-1-231. Redemption by multiple mortgagors
71-1-232. Deficiency judgment not allowed on foreclosure of purchase price mortgage
71-1-233. Attorney's fee on foreclosure