After recording, return to:
AFFIDAVIT OF RELEASE OF MORTGAGE
(Pursuant to Title 36 Okla. Stat. §5008)
STATE OF OKLAHOMA )
) ss:
COUNTY OF ________________ )
The undersigned hereby states as follows:
1. That I am an officer or a duly appointed title insurance issuing agent of [name of title insurance company] (the “Company”), which is authorized to transact the business of insuring titles to interests in real property in this state, and I have been authorized by the Company to execute and submit for recording an Affidavit of Release of Mortgage (“Affidavit”).
2. That this Affidavit is made on behalf of the mortgagor or the transferee of a mortgagor who acquired title to the property described in the Mortgage.
3. That I am signing this Affidavit to evidence full payment and satisfaction of the following Mortgage:
a. Mortgagor(s):
b. Original Mortgagee:
c. Date of Mortgage:
d. Recorded in the Office of the County Clerk of [County], Oklahoma
e. Date of Recording:
f. Recording Information:
g. Legal Description:
h. Assigned to:
i. Assignment Recorded:
j. Assignment Recording Information:
k. Modification:
l. Modification recording Date and Recording Information:
4. That the property is a one-to-four family residence or a residential unit in a condominium regime.
5. Attached hereto as Exhibit “A” is a true and correct copy of the payoff statement issued by the Mortgagee or a Servicer on behalf of the Mortgagee to the Company.
6. Attached hereto as Exhibit “B” is a true and correct copy of the documentary evidence that payment has been received by the Mortgagee in the form of the endorsement of the Mortgagee of a negotiated check, if paid by check, or proof of a wire transfer, if paid by wire, or other documentary evidence.
7. Mortgagee has failed to execute and deliver a Release of Mortgage to the Mortgagor or designated agent of Mortgagor within sixty (60) days after the date of receipt of payment of the Mortgage by the Mortgagee.
8. That the Company or its duly appointed agent has given the Mortgagee at least fifteen (15) days’ notice, in writing, by certified mail, return receipt requested, of its intent to execute and record an affidavit in accordance with 36 Okla. Stat. §5008 (“Notice”), together with a draft of this affidavit attached to the written notice.
9. That Mortgagee has not responded in writing to the Company to the “Notice” referred to in the preceding paragraph and that at least fifteen (15) days has elapsed before this affidavit is recorded.
10. That the County Clerk is authorized to file and index this Affidavit against the real property described in the Mortgage and in this Affidavit in the public records of the aforesaid county.
12. Dated this ____ day of ______________, ________.
TITLE INSURANCE AGENT:
________________________________________________
(Signature of Title Insurance Agent)
TITLE INSURANCE COMPANY:
__________________________________________________
(Signature of Title Insurance Company, if executed by Agent)
ACKNOWLEDGEMENT
(TITLE INSURANCE ISSUING AGENT)
STATE OF OKLAHOMA )
) ss:
COUNTY OF ________________ )
This instrument was sworn to and acknowledged before me this _____ day of ___________, __________, by ________________________, _____________________ of ___________________________, a corporation / LLC (“Company”).
__________________________________
Notary Public
My Commission Expires:
____________________________
ACKNOWLEDGEMENT
(TITLE INSURANCE COMPANY)
STATE OF OKLAHOMA )
) ss:
COUNTY OF _______________ )
This instrument was sworn to and acknowledged before me this _____ day of ___________, __________, by ________________________, _____________________ of ___________________________, a corporation (“Title Insurance Company”).
__________________________________
Notary Public
My Commission Expires:
____________________________
No guidelines are available for this form at this time.