66-25-102 - Penalty for failure to release. - Tennessee Statutes

66-25-102. Penalty for failure to release.

(a)  If the holder of any debt secured by real property situated in this state fails to enter a proper release of record after having been fully paid or satisfied within forty-five (45) days from the receipt of a written request from the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment, the holder of the debt shall forfeit to the party making such request the sum of one hundred dollars ($100).

(b)  If the indebtedness is not released within the forty-five-day period provided in subsection (a), the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000).

(c)  In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.

[Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; Acts 1977, ch. 260, § 1; T.C.A. (orig. ed.), § 64-2502; Acts 1994, ch. 718, §§ 1, 2.]