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A provision or clause to release certain collateral from a loan or mortgage in exchange for the borrower's payment of a defined amount. The release provisions typically also contain other requirements as to leave the lender in an equal or improved position following the release of the collateral.
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.
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 release clause allows for the freeing of all or part of a property from a claim by the creditor after a proportional amount of the mortgage has been paid.
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.