Trovillion v. Chemical Bank

PUDLOWSKI, Judge.

This is an appeal from a motion for summary judgment granted in favor of L. Carr and Ellen Trovillion (respondents). The trial court found respondents were entitled to judgment as a matter of law under §§ 443.060 RSMo 1986 and 443.130 RSMo Supp.1993 because their mortgagee, appellant, Chemical Mortgage Company (Chemical) failed to deliver a deed of release within thirty days of receiving satisfaction of respondents’ mortgage. We reverse and remand with instructions.

The facts are undisputed. In 1993, Chemical held a mortgage on respondents’ property. In October of 1993,…