Effect of release or partial release before maturity of evidence of debt release is good as to recitals.

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(1) In any executed and recorded release or partial release of any deed of trust affecting the title to real estate in this state, whether or not such release is executed before the maturity of the indebtedness so secured, the recital of the following shall constitute evidence thereof, so as to give full effect to such release:

  1. That the indebtedness secured by such deed of trust has been fully or partially paid;or

  2. That the purpose of the deed of trust has been fully or partially satisfied.

(2) Any release of deed of trust shall be good and valid as to the recitals therein, whether made to the original grantor of said deed of trust or to a subsequent purchaser of the property described in such release of deed of trust.

Source: L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 92: (1) amended, p. 2095, § 6, effective July 1.

Editor's note: This section is similar to former §§ 38-37-124 and 38-37-125, as they existed prior to 1990.


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