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In order to transfer an immovable, a contract is required between the owner and the transferee purporting to transfer ownership. Transfer of an immovable occurs when filed with the registry office. To transfer a movable there must be a contract between the owner and the transferee purporting to transfer ownership.
When you divide a lot, you change the legal description of real estate that has a lien on it. You will need their permission and they will need to do a partial mortgage release or refinance the loan.
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.
Louisiana does not provide a statutory form of deed. There are customary general warranty deeds, special or limited warranty deeds, and quit claim deeds. Forms for a deed, referred to as "an act of sale" in Louisiana, must contain the true sales price.
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.
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.
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.