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Montana · MCA 71-1-211, 71-1-212Montana mortgage release: 90 days after a request

In Montana, the county clerk discharges a mortgage on the record when presented with a certificate, executed by the mortgagee or its personal representative or assignee and acknowledged or proved like a recordable conveyance, stating that the mortgage has been paid or otherwise satisfied or discharged; the certificate is recorded in full (MCA 71-1-211). After full performance of the mortgage's conditions, a mortgagee, personal representative or assignee that refuses or neglects to execute, acknowledge and deliver to the mortgagor a certificate of discharge or release within 90 days after a request is liable to the mortgagor, heirs or assigns for $500 and all actual damages (MCA 71-1-212). A release by a personal representative, assignee, attorney-in-fact or heirs must be accompanied by the document showing their authority unless it's already recorded in that county (MCA 71-1-213).

The rules

  1. 1. 90 days (71-1-212)

    After a request, once the mortgage is fully performed.

  2. 2. Penalty

    $500 plus all actual damages.

  3. 3. Recording (71-1-211)

    Acknowledged certificate recorded in full.

  4. 4. Others releasing (71-1-213)

    Proof of authority unless already recorded.

What the TC can do

  • Note the payoff date – the statutory clock runs from it or from the written request.
  • Calendar a check of the county records for the recorded release.
  • If it's missing, send the written request in the form the statute requires and keep proof of delivery.

Questions about Montana mortgage releases

How long does a Montana lender have to release a paid mortgage?

90 days after a request, once the mortgage's conditions are fully performed (MCA 71-1-212).

What does a Montana lender owe for not releasing?

$500 and all actual damages resulting from the neglect or refusal (MCA 71-1-212).

Related guides

ClosingCode adds a post-closing task to confirm the seller's paid-off mortgage release was recorded, with an owner and a due date.

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Source: Montana Code Annotated 2025, §§71-1-211 to 71-1-213 (mca.legmt.gov, read October 26, 2026).

General information, not legal advice. Penalties are enforced in court; ask a local attorney before demanding one. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.