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Partial Mortgage Release Agreement Template for United States

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Key Requirements PROMPT example:

Partial Mortgage Release Agreement

"I need a Partial Mortgage Release Agreement to release a 2-acre portion of my 10-acre mortgaged property in Texas, which I plan to sell to a developer in March 2025, while maintaining the existing mortgage on the remaining 8 acres."

Document background
A Partial Mortgage Release Agreement becomes necessary when a property owner wishes to sell or otherwise dispose of a portion of mortgaged property while retaining the remainder under the existing mortgage. This document is commonly used in situations involving property subdivision, partial sales, or easement grants. The agreement must comply with U.S. federal regulations including TILA and RESPA, as well as state-specific property laws. It typically includes detailed property descriptions, release terms, and confirmation of continuing obligations under the original mortgage.
Suggested Sections

1. Parties: Identification of lender, borrower, and any other relevant parties

2. Background: Details of original mortgage and reason for partial release

3. Definitions: Key terms used throughout the agreement

4. Property Description: Legal description of both retained and released portions of property

5. Release Terms: Specific terms and conditions of the partial release

6. Consideration: Any payment or consideration for the partial release

7. Remaining Obligations: Confirmation of continuing obligations under original mortgage

Optional Sections

1. Insurance Requirements: Modified insurance requirements for remaining property - include when insurance requirements need modification due to release

2. Environmental Provisions: Environmental warranties and indemnities - include when environmental concerns exist for released portion

3. Future Development Rights: Rights regarding development of released portion - include when released portion may affect remaining property development

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of property being released

2. Schedule B - Retained Property Description: Detailed legal description of property remaining under mortgage

3. Schedule C - Survey/Plat: Survey or plat showing division of property

4. Appendix 1 - Original Mortgage: Copy of original mortgage document

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses















Industries

Truth in Lending Act (TILA): Federal law that requires lenders to provide standardized disclosures about mortgage terms and costs, ensuring transparency in lending transactions

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, requiring disclosures about mortgage servicing and escrow account practices

Dodd-Frank Wall Street Reform: Federal legislation that implemented additional consumer protection measures in mortgage lending and servicing

Fair Credit Reporting Act (FCRA): Federal law governing the collection and use of consumer credit information in lending decisions

State Property Laws: State-specific regulations governing real property rights, transfers, and encumbrances

State Recording Requirements: State-specific rules for documenting and recording property transactions and releases in public records

State Mortgage Regulations: State-specific rules governing mortgage lending, servicing, and modification practices

State Release Requirements: State-specific procedures and requirements for releasing or partially releasing mortgage liens

County Recording Requirements: Local county-specific procedures and fees for recording property documents and releases

Uniform Commercial Code (UCC): State-adopted uniform laws governing secured transactions, including provisions affecting mortgage interests

State Homestead Laws: State-specific protections for homestead properties that may affect partial releases

GSE Guidelines: Requirements from government-sponsored enterprises (Fannie Mae, Freddie Mac) for partial releases of mortgages they own or guarantee

FHA Requirements: Federal Housing Administration specific requirements for partial releases of FHA-insured mortgages

VA Requirements: Department of Veterans Affairs specific requirements for partial releases of VA-guaranteed mortgages

Property Description Requirements: Legal requirements for accurate property descriptions in partial release documents, including surveys and legal descriptions

Notarization Requirements: State-specific requirements for notarizing partial release documents

Recording Procedures: Specific procedures and requirements for recording partial release documents in public records

Signature Requirements: Legal requirements for who must sign partial release documents and how signatures must be executed

Title Insurance Considerations: Requirements and considerations related to title insurance coverage and partial releases

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