WHAT IS A RELEASE OF MORTGAGE AND WHY DO I NEED ONE?

Dec 10, 2023

Understanding Mortgage Release

A mortgage is a legal agreement that allows you to borrow money from a bank or similar organization, especially in order to buy a house or apartment. But what happens when you've fully paid off that mortgage? This is where a release of mortgage comes into play.

Mortgage documents

A release of mortgage, also known as a discharge of mortgage, is a legal document issued by the lender (the mortgagee) to the borrower (the mortgagor) when a mortgage loan is fully paid off. This document effectively releases the borrower from the obligation of the mortgage loan.

Why Do I Need a Release of Mortgage?

The importance of obtaining a release of mortgage cannot be overstated. Here are some of the reasons why you need one:

  1. Proof of Loan Repayment: The primary purpose of a release of mortgage is to serve as proof that you have fully repaid your mortgage loan. This is crucial as it legally frees you from the loan obligation.
  2. Clear Title: A release of mortgage clears the title of your property. Without it, the lender's claim on your property remains, even if you've fully repaid the loan. This can cause problems if you wish to sell or refinance your property.
  3. Protects Against Errors: Sometimes, lenders make errors in their records. Having a release of mortgage can protect you against such errors by serving as a concrete proof of loan repayment.
Clear property title

How to Obtain a Release of Mortgage

Once you've fully repaid your mortgage loan, your lender is legally obligated to provide you with a release of mortgage. In most cases, the lender sends this document to the county or city recorder to be officially recorded. However, it's important that you follow up to ensure that this has been done.

What if I Don't Receive My Release of Mortgage?

If you don't receive your release of mortgage within a reasonable time after your final loan payment, you should contact your lender. If the lender is unresponsive or unable to provide the document, you may need to seek legal assistance.

Legal assistance

Conclusion

In conclusion, a release of mortgage is a critical document that provides proof of your loan repayment and clears your property title. Always ensure that you obtain this document after paying off your mortgage. If you encounter any problems, don't hesitate to seek legal help.