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Release of Mortgage
I need a release of mortgage document for a property valued at $350,000, ensuring all liens are cleared within 30 days of final payment, with notarization and county recording included.
What is a Release of Mortgage?
A Release of Mortgage is a legal document that officially cancels your mortgage debt and removes the lender's claim on your property. When you pay off your home loan, your lender signs and records this release to show that you now own your property free and clear.
Think of it as your lender's formal acknowledgment that you've met all your mortgage obligations. In most U.S. states, lenders must file this release with your county recorder's office within 30 days of loan payoff. This step is crucial because it clears your property's title and lets you sell or refinance without the old mortgage getting in the way.
When should you use a Release of Mortgage?
You need a Release of Mortgage when you've fully paid off your home loan and want to clear your property's title. This typically happens at the end of your mortgage term, when refinancing with a new lender, or if you're paying off your loan early through a home sale or inheritance.
Getting this release recorded quickly matters because it prevents future title problems and delays. If you're selling your home or applying for a new loan, you'll need proof that your old mortgage is properly released. Some states require lenders to file this release within 30-60 days of payoff, and you might face delays or legal headaches without it.
What are the different types of Release of Mortgage?
- Full Release: Completely discharges the mortgage debt and removes the lender's claim on the property - most common when paying off your loan in full
- Partial Release: Removes the lien from only a portion of the property, useful when selling just part of mortgaged land
- Re-recorded Release: Corrects errors in a previously filed release, ensuring accurate property records
- Satisfaction of Mortgage: Another name for a release in some states, serving the same legal purpose
- Electronic Release: Digital version filed through e-recording systems, becoming more common in county offices nationwide
Who should typically use a Release of Mortgage?
- Mortgage Lenders: Banks or financial institutions that prepare and sign the release after receiving full loan payment
- County Recorders: Government officials who process and maintain official records of mortgage releases
- Property Owners: Homeowners or borrowers who receive the release after paying off their mortgage
- Title Companies: Organizations that verify proper release filing during property sales or refinancing
- Real Estate Attorneys: Legal professionals who review releases and ensure proper recording, especially in complex transactions
How do you write a Release of Mortgage?
- Original Mortgage Details: Gather the recorded mortgage document number, recording date, and original loan amount
- Property Information: Include the legal description, property address, and parcel number exactly as shown on mortgage
- Borrower Information: Confirm current property owners' names and how they took title
- Lender Details: Verify the current lender's legal name and authorized signatory information
- Payment Verification: Get written confirmation that the loan is paid in full, including the payoff date
- Recording Requirements: Check your county recorder's specific formatting and notarization rules
What should be included in a Release of Mortgage?
- Property Description: Detailed legal description matching the original mortgage exactly
- Identification Details: Original mortgage recording information, including book, page, and document numbers
- Release Language: Clear statement that the mortgage is discharged and the property is released from the lien
- Lender Information: Full legal name and authority of the releasing party
- Borrower Details: Names of all borrowers as they appear on original mortgage
- Execution Requirements: Notarized signature block with proper attestation and witnessing
- Recording Information: Space for recorder's office stamps and filing details
What's the difference between a Release of Mortgage and a Release of Lien?
A Release of Mortgage is often confused with a Release of Lien, but they serve different legal purposes and apply in distinct situations. While both documents remove claims against property, their scope and application differ significantly.
- Scope of Release: A Release of Mortgage specifically cancels a bank's security interest in real property after loan payoff, while a Release of Lien can apply to any type of property (real or personal) and various types of liens (mechanic's, judgment, tax)
- Signing Authority: Mortgage releases must come from the original lender or their assigns, while lien releases can be issued by contractors, courts, or government agencies
- Recording Requirements: Mortgage releases always need county recording, but lien releases may not, depending on the type of lien
- Timing: Mortgage releases typically occur at loan payoff, while lien releases can happen after project completion, debt settlement, or dispute resolution
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