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In order to clear the Deed of Trust from the title to the property, a Deed of Reconveyance must be recorded with the Country Recorder or Recorder of Deeds. If the Trustee/Beneficiary fails to record a satisfaction within the set time limits, the Trustee/Beneficiary may be responsible for damages as set out by statute.
The release of lien is then recorded by the title company in the real property records at the county recorder's office. The fee is generally included in your settlement costs or as a separate lien release fee paid at closing. Your new mortgage company places a mortgage lien on the home and records it.
With a deed of trust, you temporarily give control of the title to your property to the lender for security purposes. Once you pay off the debt, the lender conveys that temporary control back to you.
Name of Claimant. This is the name the party to be paid, and the party who will be signing the lien waiver document. Name of Customer. Job Location. Owner. Exceptions. Claimant's Signature. Claimant's Title. Date of Signature.
It basically states that you've paid the subcontractor what is owed, they accept the payment in full, and they waive the right to put a lien on your property. Simply present this form to the subcontractor with your payment and ask them to sign it. Make sure you get their signature!
A deed of release literally releases the parties to a deal from previous obligations, such as payments under the term of a mortgage because the loan has been paid off. The lender holds the title to real property until the mortgage's terms have been satisfied when a deed of release is commonly entered into.
Make sure the debt the lien represents is valid. Pay off the debt. Fill out a release-of-lien form. Have the lien holder sign the release-of-lien form in front of a notary. File the lien release form. Ask for a lien waiver, if appropriate. Keep a copy.
Write your name and return address in the top three lines of the letter. Insert the complete date (month, day, year). Enter the recipient's name, title, company name and address on the next five lines. Greet the reader by writing "Dear (recipient's name):" Skip two lines. State the subject in a subject line.
The property's title remains in the trust until the loan is paid off, or satisfied, then it is released from the trust. To complete the release, the lender prepares a deed of reconveyance. It's signed by a representative of the lender and notarized, like other types of deeds.