A Mortgage Release Deed is used when a borrower has fully repaid their mortgage or when a lender agrees to release their security over a property for other reasons. This document is crucial in English and Welsh property transactions as it formally terminates the lender's interest in the property and allows the borrower to deal with the property free from the mortgage. The deed must comply with strict legal requirements and is typically accompanied by Form DS1 for registration at the Land Registry. It's essential for property sales, refinancing, and establishing clear title.
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1. Parties: Details of the Lender and Borrower
2. Background: Details of the original mortgage, property, and reason for release
3. Definitions: Key terms used in the deed
4. Release Statement: Formal statement releasing the mortgage
5. Property Description: Legal description of the mortgaged property
6. Execution Block: Signature sections for all parties
1. Partial Release Provisions: Used when only part of the property is being released from the mortgage
2. Surviving Provisions: Details of any provisions that survive the release
3. Further Assurance: Commitment to execute additional documents if needed
1. Property Schedule: Detailed legal description of the property including title number
2. Original Mortgage Details: Copy or details of the original mortgage deed
3. Plans: Property plans (especially important for partial releases)
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