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New Mexico Deed of Release and Full Reconveyance - Individual Lender...

New Mexico Deed of Release and Full Reconveyance - Individual Lender or Holder

Category:

Real Estate - Mortgages and Deeds of Trust

State:

New Mexico

Control #:

NM-SS123-Z

Format:

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Description

This form, a Deed of Release and Full Reconveyance - Individual Lender or Holder (Category: Mortgages and Deeds of Trust), is available for download in Word and Wordperfect formats. Adapt to fit your circumstances.

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How to fill out New Mexico Deed Of Release And Full Reconveyance - Individual Lender Or Holder?

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FAQ

A Mortgage Release is where you, the homeowner, voluntarily transfer the ownership of your property to the owner of your mortgage in exchange for a release from your mortgage loan and payments.Depending on your situation, you may be required to make a financial contribution to receive a mortgage release.

How do you file a Deed of Reconveyance? A Deed of Reconveyance should be filed with your local county recorder or recorder of deeds once it has been signed by a notary public (such as an attorney). Once the document has been filed, the debt that was registered to the property will be considered paid off.

When you pay off your loan and you have a mortgage, the lender will send you or the local recorder of deeds or office that handles the filing of real estate documents a release of mortgage.On the other hand, when you have a trust deed or deed of trust, the lender files a release deed.

The deed must be signed by the party or parties making the conveyance or grant; and 7.

A deed of trust is a method of securing a real estate transaction that includes three parties: a lender, borrower and a third-party trustee.

Generally, the lender sends the documents to be recorded after the closing. The recording fees are included in your closing costs. Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded.

Is completed and signed by the trustee, whose signature must be notarized. Full Reconveyance form can be purchased at most office supply or stationery stores. Usually the trustee named on your Deed of Trust will also have forms available and will issue the Full Reconveyance.

The act or process of reconveying property. A discharge acts as a reconveyance of the legal title from the mortgagee to the holder of the equity. 2. rare, archaic. the act or process of conveying something or someone back to their original location.

Take possession of all the papers. Get an NOC. Get your CIBIL report updated. Get the lien withdrawn. Get an encumbrance certificate.

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Deed of Release and Full Reconveyance - Individual Lender or Holder

Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.

Satisfactions Generally: Once a mortgage or deed of trust is paid, the holder of the mortgage is required to satisfy the mortgage or deed of trust of record to show that the mortgage or deed of trust is no longer a lien on the property. The general rule is that the satisfaction must be in proper written format and recorded to provide notice of the satisfaction. If the lender fails to record a satisfaction within set time limits, the lender may be responsible for damages set by statute for failure to timely cancel the lien. Depending on your state, a satisfaction may be called a Satisfaction, Cancellation, or Reconveyance. Some states still recognize marginal satisfaction but this is slowly being phased out. A marginal satisfaction is where the holder of the mortgage physically goes to the recording office and enters a satisfaction on the face of the the recorded mortgage, which is attested by the clerk.

New Mexico Law

Assignment: If an assignment of mortgage appears upon the proper record of such county clerk, then payment may be made to the last assignee whose assignment is so recorded, and such [full] payment shall be effectual to extinguish all claims against such mortgagor.

Demand to Satisfy: None required.

Recording Satisfaction: It is the duty of the mortgagee, trustee or the assignee of the debt or evidence of debt, as the case may be, to cause the full satisfaction of it to be entered of record in the office of the county clerk of the county where the mortgage or deed of trust is recorded.

Penalty: Failure to satisfy of record results in a fine of between $10 and $25, and liability for other recoverable costs.

Acknowledgment: An assignment or satisfaction must contain a proper New Mexico acknowledgment, or other acknowledgment approved by statute.

New Mexico Statutes

48-7-2. [Assignments of mortgages; recording; person entitled to payment; effect of failure to record; assignee's action against assignor.]

In cases where assignments of real estate mortgages are made subsequent to the date this act takes effect, and such assignments are not recorded in the office of the county clerk of the proper county, the mortgagor, his heirs, personal representatives or assigns may pay the principal debt secured by such mortgage or accrued interest thereon, prior to the recording of such assignment, to the mortgagee; but if an assignment of such mortgage appears upon the proper record of such county clerk, then such payment may be made to the last assignee whose assignment is so recorded, and such payment shall be effectual to extinguish all claims against such mortgagor, his heirs, personal representatives or assigns, for or on account of such interest or such principal indebtedness. No transfer of any note, bond or other evidence of indebtedness, by endorsement or otherwise, where such indebtedness is secured by mortgage on real estate within this state, shall prevent or operate to defeat the defense of payment of such interest or principal by the mortgagor, his heirs, personal representatives or assigns, where such payment has been made to the mortgagee whose mortgage is duly recorded or to the assignee whose assignment appears last of record in accordance with the provisions of this act [48-7-2, 48-7-3 NMSA 1978]; provided, however, that the assignee who may hold an unrecorded assignment of a real estate mortgage which is immediately subsequent to such recorded mortgage or to the last recorded assignment shall have a right of action against his assignor to recover the amount of any such payment of interest or principal made to such assignor, as upon an account for money had and received for the use of such assignee.

48-7-4. Release on record upon satisfaction of mortgage.

A. When any debt or evidence of debt secured by a mortgage or deed of trust upon any real estate in the state has been fully satisfied, it is the duty of the mortgagee, trustee or the assignee of the debt or evidence of debt, as the case may be, to cause the full satisfaction of it to be entered of record in the office of the county clerk of the county where the mortgage or deed of trust is recorded.

B. The debt or evidence of debt secured by a mortgage or deed of trust shall not have been fully satisfied for purposes of Subsection A of this section, even if all sums due thereunder have been paid in full, if the written agreement between the mortgagor or trustor and the mortgagee or beneficiary provides for the securing of a series of loans or a line of credit by a mortgage or deed of trust and the notation "Line of credit mortgage" is prominently placed on the mortgage or deed of trust that is filed with the county clerk in the county or counties in which the property is located.

C. If, at any time the obligation secured by the mortgage or deed of trust described in Subsection B of this section is fulfilled, and the balance is zero, the mortgagee or beneficiary shall cause the mortgage or deed of trust to be released of record upon written demand of the mortgagor, trustor or the successor or assignee thereof. In the event of the death or incompetence of the mortgagor or trustor, the heirs, personal representative, conservator or guardian of the mortgagor or trustor as appropriate may make the demand for release described in this subsection.

48-7-5. [Failure to release; penalty; civil liability.]

Any person who shall be guilty of violating the preceding section [48-7-4 NMSA 1978], upon conviction before any justice of the peace [magistrate] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [($10.00)] nor more than twenty-five dollars [($25.00)], and shall be liable in a civil action to the owner of such real estate for all costs of clearing the title to said property including a reasonable attorney's fee.

Deed of Release and Full Reconveyance - Individual Lender or Holder

New Mexico Law

Demand to Satisfy: None required.

Penalty: Failure to satisfy of record results in a fine of between $10 and $25, and liability for other recoverable costs.

Acknowledgment: An assignment or satisfaction must contain a proper New Mexico acknowledgment, or other acknowledgment approved by statute.

New Mexico Statutes

48-7-2. [Assignments of mortgages; recording; person entitled to payment; effect of failure to record; assignee's action against assignor.]

48-7-4. Release on record upon satisfaction of mortgage.

48-7-5. [Failure to release; penalty; civil liability.]

New Mexico Deed of Release and Full Reconveyance - Individual Lender or Holder

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How to fill out New Mexico Deed Of Release And Full Reconveyance - Individual Lender Or Holder?

Form popularity

FAQ

What is a mortgage release document?

How do I file reconveyance?

Is a release of mortgage the same as a deed?

Who needs to sign a deed of trust?

Who are the parties in a Deed of Trust transaction?

Who gets the deed after closing?

Who would sign a deed of reconveyance?

What does deed of reconveyance mean?

How do I release my mortgage property?

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