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Partial Release of Property from Deed of Trust

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STATE OF OREGON

Partial Release of Property From Deed of Trust

Individual

Control Number – OR – S124 - Z

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DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Oregon. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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Prepared By and After Recording Return to:

Send Tax Statements to Grantee (Name and Address):

--------Above This Line Reserved For Official Use Only--------

Reference Number:

PARTIAL RECONVEYANCE

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, Trustee, having been requested in writing by the holder of the obligation secured by the instrument identified below to reconvey A PORTION OF the estate granted to the Trustee under said instrument, does hereby reconvey, release and remise to the person or persons legally entitled thereto, without warranty of any kind, A PORTION OF the estate, title and interest acquired by Trustee under said instrument. The PORTION of the real property reconveyed is described as follows:

Instrument Identified as:

Date of Deed of Trust/Trust Indenture:

Executed by (Mortgagor(s)):

Original Trustee:

Original Beneficiary(“Holder"):

Filed of Record: In Book , Page

Document/Instrument No.

in the Office of the County Clerk of County, Oregon, on (date).

Property: As described in instrument.

Given: to secure a certain Promissory Note in the amount of $

payable to Beneficiary.

Assignment (complete if applicable):

The undersigned was assigned the Deed of Trust by assignment dated and recorded in Book , page

Document No. , in the aforesaid County Clerk's Office.

IN WITNESS WHEREOF, this instrument was executed, signed and delivered by the undersigned on this the day of , 20

as Trustee

STATE OF OREGON

COUNTY OF

This instrument was acknowledged before me on (date) by

(name(s) of person(s)), as Trustee.

My Commission Expires:

Notary Public

Print Name:

--------Above This Line Reserved For Official Use Only-------------

Prepared by and after Recording Return to:

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

Assessor's Property Tax Parcel/Account Number:

Mortgagee Name, Address, phone:

Current property Owner(s) Name, Address, phone:

Enter text

What a Partial Release of Property from Deed of Trust Is

A Partial Release of Property from Deed of Trust is a recorded instrument issued by a beneficiary or lender that removes one or more parcels or lots from the security interest created by an existing deed of trust while leaving the remainder of the security interest intact. It documents that the lender no longer claims an interest in the released portion, identifies the specific legal description of the released parcel, cross-references the original deed of trust recording, and is signed and acknowledged by the lender or an authorized agent. Recording the partial release with the county recorder completes the legal removal.

Why a Partial Release Matters for Property Transactions

A properly executed partial release clears title to the specified parcel so it can be sold, refinanced, or subdivided without affecting the remaining secured property. It limits lien scope, reduces title objections, and provides a recorded chain-of-title entry that third parties and title companies rely on.

Why a Partial Release Matters for Property Transactions

Who commonly prepares and needs a partial release

Typical preparers include lenders, title companies, escrow officers, and real estate attorneys who manage secured property matters.

  • Lenders and servicers managing collateral release and loan payoffs.
  • Title companies clearing exceptions for closings and refinances.
  • Borrowers or developers subdividing or selling a portion of secured land.

Key parties and signatories

Lender / Beneficiary

The lender or beneficiary listed in the original deed of trust must authorize and sign the partial release or delegate signature authority. The lender’s authorized officer or agent should include printed name, title, and contact information to verify authority if needed.

Borrower / Grantor

The borrower or grantor remains a party of record and should receive copies; in some jurisdictions the borrower signs only when required by the lender. Recording requires correct grantor/grantee identification to avoid clouded title.

Essential elements to include in a professional partial release

A complete partial release clearly identifies the released parcel, references the original security instrument, records the lender’s authorization, and includes a notary acknowledgement for county recording.

Lender Identification

Full legal name and contact of the beneficiary of the deed of trust, plus an authorized signer’s printed name and title to confirm who is releasing the lien.

Original Recording Reference

Book/page or instrument number and county where the original deed of trust was recorded so the release links to the correct security instrument.

Legal Description

Exact metes-and-bounds or lot and block description of the portion being released; use the same legal description form as in the original deed for consistency.

Released Parcel Clarification

A precise statement of the portion being released (e.g., Parcel A, Tract 2, or specific acreage) to avoid ambiguity in title searches.

Consideration / Conditions

Any stated consideration, conditions of release (such as payoff), or reservation language that limits the scope of the release should be explicit and unambiguous.

Notary Acknowledgement

A properly completed notary block or RON certification and any required witness statements for the jurisdiction, with signature and date for county recording.

Step-by-step: preparing and recording a partial release

Follow this sequence to prepare a valid partial release, execute it correctly, and ensure recording completes the title clearance.

  • 01
    Confirm authority: Verify lender has authority to release the parcel.
  • 02
    Draft release: Prepare release with exact legal description and references.
  • 03
    Sign and notarize: Authorized signer executes with notary or RON as allowed.
  • 04
    Record and distribute: Record at county recorder and provide copies to parties and title company.

How the partial release moves through the process

This shows the core routing steps from creation to recorded entry and distribution to affected parties.

  • Prepare Document: Draft release with legal description and reference data.
  • Authorized Signature: Lender signs; include corporate officer or agent identification.
  • Notary or RON: Obtain notary acknowledgement or RON certification.
  • County Recording: Submit to recorder and obtain instrument number or receipt.

Recommended online workflow settings for electronic completion

Use these workflow settings when preparing a partial release for e-signature and e-recording to ensure chain-of-custody and recorder acceptance.

Field Configuration
Signer Roles and Order Set lender as primary signer; borrower as recipient if required
Authentication Level Email + SMS code or KBA for higher assurance
Notary / RON Options Enable remote notarization workflow when state permits
Recording Destination Attach county recorder address and required county cover sheet

File formats, integrations, and technical needs

When completing a partial release electronically, choose a platform that preserves PDF/A or native PDF signatures and supports required integrations.

  • File Formats: PDF, DOCX accepted
  • Integrations: Title systems, NetSuite, Salesforce
  • Audit and Security: TLS and AES-256 encryption

Consequences of an incorrect or defective release

Title Clouding: Risk of unresolved lien
Recording Rejection: County may refuse filing
Tax Implications: Possible incorrect property tax allocations
Liability Exposure: Lender or preparer may face claims
Fraud Risk: Unauthorized releases create legal disputes
Delay to Closing: Closings and refinances may be postponed

Common mistakes to avoid

  • Using an imprecise legal description that does not match the original deed, causing the county recorder or title company to reject the release.
  • Mismatching lender or borrower names between the release and the original deed of trust, which frequently triggers corrected instruments and delays.
  • Failing to obtain the proper notary or RON certification required by the county, resulting in a non-acceptance or title exception.
  • Not referencing the original deed’s recording information (instrument number/book-page), which severs the link between the release and the secured instrument.

Timing and processing expectations

Record promptly after execution; local processing varies and eRecording can speed entry. Plan for county turnaround and distribution to stakeholders.

Execution to Recording:

Record as soon as reasonably possible after notarization

County Turnaround:

Recording may take 1–10 business days depending on county

RON Recordings:

Retain A/V and notary journal per state RON rules

Title Company Notification:

Send recorded copy immediately to title and escrow

Fee Payments:

Confirm county and eRecording transaction fees up front

Key processing milestones from execution to clear title

These numbered milestones show the typical order of tasks from creating the release to closing the title gap.

01

Prepare Release

Draft with exact description and original recording reference.

02

Authorize Signature

Obtain lender officer signature or agent delegation.

03

Notarize and Execute

Complete notary acknowledgement or RON session.

04

Record and Distribute

Record at county and deliver recorded copies to parties.

Real-world examples of partial releases in practice

These short examples show how practitioners and businesses use partial releases to resolve title issues and enable closings.

Martin Properties (Tim Martin)

Martin Properties needed to sell a single lot from a financed tract immediately

  • Tim Martin emphasized online execution
  • I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Optica Ventures (Brian Fitzgibbons)

A lender released acreage after a payoff on a subdivided parcel

  • Optica used standardized forms to speed recording
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Representative eSignature vendor pricing and compliance snapshot

Platform choice matters for notarization, HIPAA, and bulk processes. This table provides a concise vendor snapshot focused on starting price and core capabilities.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies Varies Varies Varies

FAQs and troubleshooting for partial releases

Answers to common questions about validity, recording issues, signature authority, and correcting errors when preparing or submitting a partial release.


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