MORT CERTIF RELEASE-PENALTY
Summary
Amends the Mortgage Certificate of Release Act. Provides that, if any title insurance company or its duly appointed title insurance agent, knowing the mortgage to be paid pursuant to the lender's written payoff statement, fails to file a certificate of release within one month after the payment of the debt secured by the mortgage or trust deed, the title company shall be liable for and pay to the party aggrieved the sum of $200, for each offense, which may be recovered by the party aggrieved in a civil action together with reasonable attorney's fees. Provides that, in any such action, introduction of a loan payment book or receipt that indicates that the obligation has been paid shall be sufficient evidence to raise a presumption that the obligation has been paid. Provides that, upon a finding for the party aggrieved, the court shall order the title insurance company or its duly appointed title insurance agent, to make, execute, and deliver the certificate of release that complies with the requirements of this Act.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2006
Committee Review
Floor Vote
Governor
Introduced Jan 11, 2006
Last action Jan 9, 2007
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
0
Committee
3
Jan 9, 2007
Senate · Failed
Session Sine Die
Feb 17, 2006
Senate · Referred to committee
Rule 3-9(a) / Re-referred to Rules
Jan 12, 2006
Senate · Referred to committee
Assigned to Financial Institutions
Jan 11, 2006
Senate · Referred to committee
Referred to Rules
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
Larry K. Bomke
RRepublican
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