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Anyone who wishes to release their interest in a deed of trust must file a release of deed of trust with the county recorder's office in the county where the property is located.
A Deed of Trust can also provide for Partial Releases if the Borrower pays the loan amount down and wants some of the property released from the lien. Note: Once the loan is paid as agreed, the Lender must file a Release of Lien to remove the lien from the property.
Key Takeaways 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.
The majority of the time a deed of trust is used in a real estate transaction in North Carolina, it will be a purchase money mortgage, or a mortgage issued to the borrower by the seller of the home as part of the purchase transaction, unlike a traditional mortgage which is obtained through a bank.
(b) If the name of a trustee is omitted from an instrument that appears on its face to be intended to be a deed of trust, the instrument shall be deemed to be a deed of trust, the owner or owners executing the deed of trust and granting an interest in the real property shall be deemed to be the constructive trustee or ...
A partial release of a mortgage is an arrangement you make with your mortgage lender after you've been paying your mortgage for at least 12 months. 1 Typically, a partial release of a mortgage involves delineating which part of the property is still under a lien, and which part has clear title to be sold.
Partial Release Clause is a provision under which the mortgagee agrees to release certain parcels from the lien of the blanket mortgage upon payment of a certain sum of money by the mortgagor. It's frequently found in tract development construction loans.