Release of lien document

[Logan Turner]

Question for proper documentation. I have a private lender whom i gave a first lien deed of trust to. In order to release this lien, do I need a document From the county clerk notarized and signed by my lender, to release the lien? Can this be any release of lien document or is it a county specific one. Should I have a lawyer draw one up, or is it a standard form I can use? I’m thinking the county clerk will be able to answer this all but I’m not able to talk on the phone and thought I’d reach out to the BP world for advice. Thanks

[Rick Pozos]

When you sell the property and close at a title company, they will do all that work. They will draft the document, pay the lender, and record the release of lien.

If you are doing this without a title company, you can ask an attorney to draft it for you. I usually do them myself if I dont close with a title company. You have to make sure certain items are referenced like the lender, the loan amt, where the original deed of trust was recorded (volume and page) in the county clerks office, loan amount, when originated, etc. Make sure all the highlights are covered in the release.

Maybe you can look at several releases in the deed records to see what you are doing. Or just copy one that you see recorded but put your information.