If the holder or holders of any such mortgage shall neglect or refuse, after written request and tender of the legal fees therefor, for a period of three months, to cause to be entered on the record of any such mortgage any and all such payments of principal or interest, or both, such holder shall be liable to pay to any party interested therein, who shall have made such tender and request, the sum of one hundred dollars for each failure to comply with the provisions of this act; said sum to be recovered in any court of record where a proper service may be had, in an action of debt.
21 P.S. § 764