Could we add a sentence to the notice required under the Mortgage Act explaining that the borrower is responsible for recording the mortgage release? Many customers are confused by the wording of the statutory notice, which can be read to state that the bank will be recording the release.

The Illinois Mortgage Act requires that you print the required notice on the face of the release of the mortgage — the “instrument in writing releasing such mortgage” that you are required to deliver to the borrower after you have received full satisfaction and payment. 765 ILCS 905/2. That section contains no provision requiring that that notice be provided separately from other notices (and other statutes do explicitly state that certain required notices be provided separately from other notices). Based on that information, a credible interpretation of the Act is that you can include extra information on the notice.

However, we do note that there are some risks to this approach, depending on what material you include with the release document. If you include too much extraneous information, the notice could be considered misleading as an attempt to bury the notice you are required to provide. This is a particular risk in the problem area of release notices, which have been known to confuse borrowers. If the notice is confusing, you would be greatly increasing your UDAAP risk.