655.2  Penalty--attorney fees.

If the mortgagee, mortgagee's personal representative or assignee, or those legally acting for the mortgagee fail to do so within thirty days after being requested in writing after the mortgage has been satisfied in full, that person shall forfeit to the mortgagor or any grantee of the property who has paid the mortgage, the sum of one hundred dollars plus reasonable attorney fees incurred by the mortgagor or grantee in securing the release of the mortgage.

A mortgagor or grantee who has sought relief under the provisions of section 535B.11 is not entitled to attorney fees under this section. A penalty shall not be assessed under this section if penalties have been assessed pursuant to section 535B.11.

Section History: Early form

  [C51, § 2093; R60, § 3670; C73, § 3327; C97, § 4295; C24, 27, 31, 35, 39, § 12385; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 655.2]

Section History: Recent form

  89 Acts, ch 253, § 1


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