This form is a partial release. A bank releases from a certain deed of trust a particular piece of property described in the document. However, the form provides as to all other property covered by the deed of trust, the lien remains in full effect.
Arizona Partial Release of Deed of Trust
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US-61437
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How to fill out Partial Release Of Deed Of Trust?
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FAQ
A deed of reconveyance refers to a document that transfers the title of a property to the borrower from the bank or mortgage holder once a mortgage is paid off. It is used to clear the deed of trust from the title to the property.
If the loan is completely paid off (either before or at the end of the loan term), the Trustee is responsible for dissolving the Trust and transferring the legal title over to the new owner (the borrower).
An Arizona deed of trust is a property conveyance instrument whereby a trustee holds on to a property title while a borrower repays a loan from a lender. While this document functions similarly to a mortgage, there are some distinct differences.
The release or satisfaction of mortgage or release and reconveyance of deed of trust may be executed by a duly appointed attorney-in-fact of the title insurer, but such delegation shall not relieve the title insurer from any liability pursuant to this section.
When a deed of trust/mortgage is paid in full, you can record a Full Reconveyance from the trustee stating publicly that the loan has been paid. The Full Reconveyance Form is completed and signed by the trustee, whose signature must be notarized.
Under Arizona law, breach of contract claims must be brought within six years of default. This time limitation applies to Deed of Trust default actions. Therefore, Deed of Trust lenders must act promptly if they want to enforce their rights.
The recorded release or satisfaction of deed of release and reconveyance constitutes conclusive evidence of full release of the deed of trust in favor of purchasers and encumbrancers for value and without actual notice.)