Also known as: satisfaction · full satisfaction · satisfied in full · satisfaction in full · accord and satisfaction
Written by attorneys — see sources below.
4 senses
A discharge of a mortgage that occurs when the mortgagor pays the full secured debt. Full payment entitles the mortgagor to a release of the mortgage and reconveyance of title if the mortgagee held title. Recording the satisfaction clears the public records.
A discharge of a mortgage that occurs when the mortgagor pays the full secured debt. Full payment entitles the mortgagor to a release of the mortgage and reconveyance of title if the mortgagee held title. Recording the satisfaction clears the public records.
Acceptance by an obligee of a performance offered by the obligor that differs from the performance due. The acceptance discharges the original duty.
Treatment of an inter vivos gift as satisfying a devise in whole or in part. The treatment occurs only when the will provides for deduction, the testator declares the intent in a contemporaneous writing, or the devisee acknowledges the satisfaction in writing.
An enforcement mechanism that sets aside specific property to satisfy a support order. The mechanism allows a tribunal to reach an obligor's assets beyond wages when enforcing an interstate support order.
Acceptance by an obligee of a performance offered by the obligor that differs from the performance due. The acceptance discharges the original duty.
Treatment of an inter vivos gift as satisfying a devise in whole or in part. The treatment occurs only when the will provides for deduction, the testator declares the intent in a contemporaneous writing, or the devisee acknowledges the satisfaction in writing.
An enforcement mechanism that sets aside specific property to satisfy a support order. The mechanism allows a tribunal to reach an obligor's assets beyond wages when enforcing an interstate support order.
Each sense below has its own examples, sources, and questions.
Sarah Sullivan borrowed from Southland Foods to purchase her home and later sold the property at a profit. She used the proceeds to pay the full remaining balance on the loan. Southland Foods executed and recorded a satisfaction of mortgage, releasing its lien and allowing Sarah to deliver clear title to the buyer.
Simon Stern paid Sapphire Holdings the full remaining mortgage balance after default notice. Sapphire executed a satisfaction of mortgage and recorded it, discharging the lien. Simon then conveyed clear title to a third-party purchaser without foreclosure proceedings.
2 common questions
Full payment of the secured debt discharges the mortgage. The mortgagor then receives a release and, if applicable, reconveyance of title. Recording the satisfaction clears the lien from public records.
Supporting sources
A voluntary deed in lieu transfers the property to the mortgagee in satisfaction of the debt and avoids foreclosure. The transfer must be supported by consideration in the form of debt discharge and is subject to scrutiny for duress or unfairness.
Supporting sources
Sylvia Santos owed Sterling Dynamics delivery of 500 custom widgets under a supply contract. Sterling accepted 400 widgets plus a cash payment equal to the value of the remaining 100. The acceptance of the substituted performance discharged Sylvia's original delivery obligation.
1 common questions
An obligee may accept performance that differs from what is due. Once accepted, the original duty is discharged even though the performance was not the one originally promised.
Supporting sources
Samuel Soto's will devised 1,000 shares of Synergy Systems stock to his daughter. After executing the will, Samuel transferred 600 shares to her and signed a contemporaneous writing stating the transfer was in partial satisfaction of the devise. The gift reduced the number of shares the daughter would receive at his death.
Steven Silva's will left his daughter a specific cash bequest. During his lifetime he gave her an equivalent sum and she signed a writing acknowledging the gift as full satisfaction of the devise. At death the probate court treated the lifetime transfer as satisfying the bequest entirely.
1 common questions
A gift satisfies a devise only if the will itself provides for deduction, the testator declares the intent in a contemporaneous writing, or the devisee acknowledges the satisfaction in writing. Without one of these writings the gift does not reduce the devise.
Supporting sources
Seth Shapiro owed arrears under an out-of-state support order registered in a new state. The tribunal ordered that a portion of his monthly royalty payments from a mineral interest be segregated and applied directly to the support obligation until the arrears were paid.
1 common questions
A responding tribunal may order that specific property, including royalty streams, be set aside to satisfy current support and arrears. The order reaches assets located in the responding state even when the obligor has nontraditional income sources.
Supporting sources
…unconsciousness is correct, however, continued treatment cannot confer such benefits. Pain and suffering are absent, as are joy, satisfaction, and pleasure. Disability is total and no return to an even minimal level of social or human functioning is possible." There are also affirmative reasons why someone like Nancy might…