Utah Partial Release of Mortgage / Deed of Trust

State:
Multi-State
Control #:
US-OG-128
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Word; 
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Description

This form provides for a partial release of a mortgage/deed of trust on lands.

A Utah Partial Release of Mortgage, also known as a Partial Release of Deed of Trust, is a legal document that releases a portion of the property from the mortgage or deed of trust lien. It allows the borrower or property owner to remove a specific portion of the property from the existing mortgage or deed of trust. The Utah Partial Release of Mortgage / Deed of Trust is typically used when the property owner wants to sell or transfer a part of the property, or when a portion of the property is no longer required as collateral for the mortgage or deed of trust. This partial release is an effective way to free up the released portion of the property from the lien, thus allowing the property owner to handle it separately. There are two main types of Utah Partial Release of Mortgage / Deed of Trust: 1. Partial Release of Mortgage: This type of release applies to mortgages that were executed as security for a loan. It enables the borrower or property owner to release a specific part of the property from the mortgage lien, while keeping the remaining part encumbered. 2. Partial Release of Deed of Trust: This type of release applies to deeds of trust, which are commonly used in Utah for financing real estate transactions. Similar to the partial release of mortgage, it allows the property owner to release a portion of the property from the deed of trust lien while keeping the remainder of the property encumbered. The Utah Partial Release of Mortgage / Deed of Trust serves as an important legal document in facilitating property transactions. It helps property owners unlock the potential of their assets by allowing them to transfer or sell specific portions of their property without fully releasing the entire property from the mortgage or deed of trust. When executing a Utah Partial Release of Mortgage / Deed of Trust, it is crucial to consult with an attorney or a knowledgeable real estate professional to ensure the proper procedures are followed and all parties involved are protected. The document should accurately define the released property, specify the remaining encumbered property, and include any necessary terms and conditions agreed upon by both the lender and the borrower. In summary, a Utah Partial Release of Mortgage / Deed of Trust is a legally binding document that allows property owners to release a portion of their property from a mortgage or deed of trust lien. It provides flexibility and opportunities for property owners to utilize their assets while still maintaining the lien on the remaining portion.

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FAQ

A partial reconveyance of real property in California by a trustee under a deed of trust for use when the beneficiary (lender) agrees to release a portion of the real property from the lien of the deed of trust while the trustor's (borrower's) obligations are not yet fully satisfied.

(A) The trustee shall execute the full reconveyance and shall record or cause it to be recorded in the office of the county recorder in which the deed of trust is recorded within 21 calendar days after receipt by the trustee of the original note, deed of trust, request for a full reconveyance, the fee that may be ...

California Civil Code section 2941 (b)(1) requires the beneficiary, upon payoff, to ?execute and deliver to the trustee the original note, deed of trust, request for a full reconveyance?.? The trustee then executes and records the full reconveyance within 21 days of receipt of the documents from the beneficiary, ...

A mortgage involves only two parties: the borrower and the lender. A deed of trust has a borrower, lender and a ?trustee.? The trustee is a neutral third party that holds the title to a property until the loan is completely paid off by the borrower.

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.

Utah is known as a Trust Deed and Promissory Note state. There are references to a foreclosure being allowed under the law, typically in a Contract for Deed transaction but this is certainly not the standard.

A deed of reconveyance refers to a document that transfers the title of a property to the borrower from the bank or mortgage holder once a mortgage is paid off. It is used to clear the deed of trust from the title to the property.

A deed of reconveyance is a legal document that indicates the transfer of a property's title from lender to borrower ? legally referred to as the trustor ? in deed of trust states. The deed of reconveyance is typically issued after the borrower has paid off their mortgage in full.

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Utah Partial Release of Mortgage / Deed of Trust