A Deed of Partial Release is commonly used when a property owner wishes to sell or otherwise transfer a portion of mortgaged property while retaining the remainder. This document is essential in U.S. real estate transactions where subdividing or partially releasing mortgaged property is needed. The deed must include specific property descriptions, reference to the original mortgage, and clear terms of the partial release. It must comply with state-specific requirements and be properly recorded to maintain clear title records. Common situations requiring this document include property subdivision, partial property sales, or dedication of portions for public use.
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1. Parties: Identification of the lender/mortgagee releasing the property and the borrower/mortgagor
2. Property Description: Legal description of the portion of property being released
3. Original Mortgage Reference: Details of the original mortgage/deed of trust including recording information
4. Release Declaration: Formal statement releasing the specified portion from the mortgage lien
5. Remaining Security: Confirmation that the original mortgage remains in effect for unreleased property
6. Execution: Signature blocks and notary acknowledgment
1. Consideration: Statement of any payment or consideration for the release
2. Ratification: Reaffirmation of original loan terms
3. Conditions: Any specific conditions attached to the release
1. Schedule A: Detailed legal description of released property portion
2. Schedule B: Survey or plot plan showing released portion
3. Schedule C: Copy of original mortgage or deed of trust
4. Exhibit A: Property maps or drawings
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