Atlanta Georgia Partial Release of Property From Security Deed - Mortgage - Individual

State:
Georgia
City:
Atlanta
Control #:
GA-124-Z
Format:
Word; 
Rich Text
Instant download

Description

A Partial Release of Property from Security Deed, Mortgage, effectively releases the Borrower from a portion of his/her original mortgage, or loan, commitment. This particular type of release is to be used when releasing an individual from his/her mortgage, not a corporation.

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FAQ

Loan Release means the process that Party B issues an instruction to Party A to cancel the suspension of payment of all bidding funds for certain subject in the case of fulfillment of the conditions of loan release, and transfer them to the payment account designated by the borrower, and to credit any amount receivable

A deed of trust, or security deed, as it is known in some jurisdictions, is a form of mortgage. A borrower of money signs a promissory note demonstrating the debt owed to the lender. The promissory note will generally recite the purpose of the loan and indicate that it is secured by real property.

Georgia law provides that a security deed can be cancelled by the Clerk of Superior Court upon receipt of an affidavit from an attorney with specified attachments. To find a lawyer, you may visit the State Bar of Georgia website at .

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.

Once the loan is paid off and all the terms of the mortgage are satisfied, a mortgage deed of release is created. Until then, the lender holds the title of the property and after the final payment is made, the title of the property is transferred to the borrower of the mortgage.

Security Instruments (Deed of Trust vs. Mortgages are used, but they are rare. A security deed (deed to secure debt) is the customary security instrument in Georgia. Georgia does not use a Deed of Trust. Two witnesses are required to witness the signature of the grantor for a security deed to be recorded.

In Georgia, a security deed is the document that secures a loan on real estate. OCGA § 44-14-80 states that security deeds expire seven years after the maturity of the last installment date stated in the security deed.

A partial lien release is a legal contract that enables your lender to release their lien on a part of your mortgaged property. Under the typical terms of a partial release, if you pay down a certain amount of your mortgage principal, your lender will agree to release some of your property from the loan contract.

(A blanket loan is a loan that covers more than one property. They are commonly used in real estate development and often contain a release or partial release clause to release parcels from the loan in exchange for a specified reduction in the loan's principal balance.)

A release clause is a term that refers to a provision within a mortgage contract. 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.

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Atlanta Georgia Partial Release of Property From Security Deed - Mortgage - Individual