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Texas Finance Code - FIN § 343.108. Release of Lien After Payoff by Mortgagor

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1)  “Mortgage servicer,” “mortgagee,” and “mortgagor” have the meanings assigned by Section 51.0001, Property Code.

(2)  “Release of lien” means a release of a deed of trust or other lien securing a home loan.

(b) Except as provided by Subsection (c), not later than the 60th day after the date a mortgage servicer or mortgagee, as applicable, receives the correct payoff amount for a home loan from a mortgagor, the mortgage servicer or mortgagee shall:

(1) deliver to the mortgagor a release of lien for the home loan;  or

(2) file the release of lien with the appropriate county clerk's office for recording in the real property records of the county.

(c) If, on or before the 20th day after the date of the payoff of the home loan, the mortgagor delivers a written request to the mortgagee or mortgage servicer for the release of lien to be delivered to the mortgagor or filed with the county clerk, the mortgagee or mortgage servicer shall deliver or file the release of lien not later than the 30th day after the date the mortgagee or mortgage servicer receives the written request from the mortgagor.

(d) Chapter 349 does not apply to this section.

(e) A mortgage servicer is required to comply with this section only if the mortgage servicer has the authority to deliver or file a release of lien for the home loan.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 343.108. Release of Lien After Payoff by Mortgagor - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-343-108/

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