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A deed of release is usually issued once a mortgage or other type of debt, previously secured against the asset, has been paid in full. After the deed of release is written, the asset is owned free and clear by the owner, and any previous claims against the asset that the lender may have had are dissolved.
If they see the equity you have in your property as sufficient, they'll issue a partial release of your mortgage. After completing the process, you'll be free and clear to sell the 0.75 acres while the lender will still have a lien on the 1.25 acres you own, until you fully pay off your mortgage.
However, under certain circumstances, deficiency judgments aren't allowed after judicial foreclosures in some states. From a lender's perspective, a deed of trust is usually better because it can foreclose more quickly for less money using a nonjudicial process if the borrower stops making payments.
Partial Release Example When the developers are finished, they can sell off the first lot at $40,000. However, the buyer of the lot will not pay $40,000 unless the developers would give the lot free and clear of a mortgage.
Partial repayment of a mortgage is a procedure which returns a portion of the outstanding principal that the bank lent to us, thereby reducing or repaying the debt. There is also complete repayments, where one repays all of the debt and thus repays the mortgage early.
A partial release is a mortgage provision that allows some of the collateral to be released from a mortgage after the borrower pays a certain amount of the loan. Lenders require proof of payment, a survey map, appraisal, and a letter outlining the reason for the partial release.
In a deed-in-lieu, the lender forgives your obligation to repay the remainder of the debt in exchange for the property. Depending on how much you owe compared to the value of your property, a deed-in-lieu may protect you from a ?deficiency balance?.
In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.