The Partial Lien Release Mortgage is utilized when property owners need to release a portion of their mortgaged property while maintaining the existing mortgage on the remaining portion. This situation commonly arises during property subdivision, partial sales, or development projects. The document specifies the exact portion being released, includes legal descriptions of both the released and remaining property, and must comply with state and federal regulations. It requires proper execution, notarization, and recording with the appropriate county office to be legally effective.
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1. Parties: Identifies the Lender, Borrower, and any other relevant parties to the partial lien release
2. Background: References the original mortgage, recording information, and context for the partial release
3. Definitions: Defines key terms used in the document including Property, Released Portion, Remaining Property, etc.
4. Property Description: Detailed legal description of the entire mortgaged property
5. Release Terms: Specific terms of the partial release including the portion being released and any consideration
6. Continuing Security: Confirmation that the mortgage remains in effect for the unreleased portion
7. Execution: Signature blocks, notarization requirements, and witness provisions
1. Consideration Statement: Optional section detailing any payment or consideration for the partial release
2. Special Conditions: Any specific conditions or requirements that must be met for the partial release
3. Representations and Warranties: Additional assurances from either party regarding the release
4. Recording Instructions: Specific instructions for recording the partial release if required by jurisdiction
1. Schedule A: Detailed legal description of the portion of property being released from the mortgage
2. Schedule B: Legal description of the remaining property still subject to the mortgage
3. Schedule C: Survey, plot plan, or map showing the released portion and remaining encumbered property
4. Schedule D: Copy of original mortgage recording information and any amendments
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