A Partial Release Of Deed Of Trust is commonly used when a property owner wishes to sell or otherwise transfer a portion of mortgaged property while maintaining the existing loan on the remaining portion. This document is particularly relevant in situations involving land subdivision, partial property sales, or when releasing certain parcels from a larger mortgaged property. The document must include specific property descriptions, reference the original deed of trust, and comply with state and local recording requirements. It's widely used across the United States but must conform to state-specific real estate laws and local county recording requirements.
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1. Identification of Parties: Names and details of the Beneficiary, Trustor, and Trustee
2. Recitals: Reference to original deed of trust and reason for partial release
3. Property Description: Legal description of property being released
4. Release Language: Formal statement of partial release
5. Execution: Signature blocks and notary acknowledgment
1. Consideration Statement: Statement indicating if and what payment was made for the release
2. Remaining Property Description: Legal description of property still encumbered by the deed of trust
3. Ratification: Confirmation that original deed remains in effect for unreleased property
1. Exhibit A: Legal description of released property
2. Exhibit B: Legal description of remaining encumbered property (if applicable)
3. Exhibit C: Copy of original deed of trust (if required by local practice)
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