71-1-212. Penalties for failure to give certificate of discharge or release after full performance. After the full performance of the conditions of a mortgage and whether before or after a breach of the mortgage, a mortgagee or the personal representative or assignee of the mortgagee who refuses or neglects to execute, acknowledge, and deliver to the mortgagor a certificate of discharge or release of the mortgage within 90 days after a request for one is liable to the mortgagor or the mortgagor's heirs or assigns in the sum of $500 and all actual damages resulting from the neglect or refusal.
History: En. Sec. 39, p. 486, Bannack Stat.; re-en. Sec. 39, p. 402, Cod. Stat. 1871; re-en. Sec. 216, 5th Div. Rev. Stat. 1879; re-en. Sec. 274, 5th Div. Comp. Stat. 1887; re-en. Sec. 3748, Civ. C. 1895; re-en. Sec. 5755, Rev. C. 1907; amd. Sec. 1, Ch. 173, L. 1921; re-en. Sec. 8271, R.C.M. 1921; Cal. Civ. C. Sec. 2941; re-en. Sec. 8271, R.C.M. 1935; R.C.M. 1947, 52-210(part); amd. Sec. 1, Ch. 30, L. 2001; amd. Sec. 96, Ch. 2, 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