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Brinton v. Haight - 125 Idaho 324, 870 P.2d 677 (Ct. App. 1994)

Rule:

Idaho Code § 45-915 requires that when a mortgage has been satisfied, the holder thereof must immediately, on demand of the mortgagor, either execute, acknowledge and deliver a certificate of discharge thereof so as to entitle it to be recorded, or enter, or cause to be entered satisfaction thereof of record. No provision is contained in such section of the statute requiring a tender of expenses or fees by mortgagor to mortgagee as a condition precedent to the latter's execution and delivery of a satisfaction of the mortgage or entering a release of record.

Facts:

Defendants G. W. Haight and W. Dea Haight purchased a parcel of real property from Plaintiffs James R. Brinton and Patricia J. Brinton. The Haights attempted to pay off the mortgage amount and requested delivery of a trustee's reconveyance deed. When the Haights learned they would not receive the deed that day and that a fee would be assessed for the deed, the Haights did not repay the mortgage. The Brintons brought an action against the Haights to seek a judgment for the unpaid balance plus prejudgment interest. The lower court awarded judgment for the full amount plus prejudgment interest, as well as costs and attorney fees. Defendants appealed.

Issue:

Was a tender of payment sufficient to stop the running of interest made by  when theydefendant buyers approached the title company in order to pay off the loan amount?

Answer:

Yes

Conclusion:

The appellate court reversed as to costs, attorney fees, and prejudgment interest. The court held a tender of payment sufficient to stop the running of interest was made by the Haights when they approached the title company in order to pay off the loan amount. The Haights’ subsequent refusal to pay the charges for reconveyance did not act as a withdrawal of the tender.

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