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Partial Release of Property from Deed of Trust

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STATE OF ARIZONA
Partial Release of Property From Deed of Trust - Corporation

Prepared by and after Recording Return to:

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

Assessor's Property Tax Parcel/Account Number:

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

PARTIAL RECONVEYANCE AND DEED OF RELEASE

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 an follows:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Instrument Identified as:

Date of Deed of Trust:

Executed by (Mortgagor(s)):

Original Trustee:

Original Beneficiary("Holder"):

Filed of Record: In Book , Page

Document/Instrument No. in the Office of Recorder of County, Arizona, on (date).

Property: As described in the Deed of Trust

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 recorder's Office.

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

Type Name of Entity:

By:

Signature of authorized signatory

Type Name of authorized signatory

Its:

(Type capacity of signatory)

STATE OF

COUNTY OF

The foregoing instrument was acknowledged before me this (date) by

(name of officer or agent, title or officer or agent) of

acknowledging) a corporation, on behalf of the corporation.

NOTARY PUBLIC

Print Name:

My Commission Expires:

Mortgagee Name, Address, phone:

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

EXHIBIT A

(Legal Description to be attached or inserted here if not provided above)

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 used to remove a specified portion of real property from the security interest created by an existing deed of trust while leaving the remainder of the lien in place. It references the original deed of trust and loan, identifies the parcel or lots being released by legal description or parcel number, and states the conditions under which the lender or beneficiary agrees to release that portion. Once signed, notarized (as required), and recorded in the county land records, the release updates title encumbrance for that parcel.

Why this document matters for property transactions

A partial release lets owners sell, subdivide, or refinance a discrete portion of secured property without satisfying the entire loan, clarifies title for buyers and title insurers, and protects the lender by preserving lien priority on the retained parcel.

Why this document matters for property transactions

Who typically prepares and relies on a partial release

Each participant has distinct responsibilities: lenders must authorize releases, borrowers must deliver required consideration, and title professionals must verify recordation and legal descriptions.

  • Lenders and trustees — Prepare and approve release language; control legal conditions for removal of collateral.
  • Borrowers / trustors — Request release to transfer or mortgage a subdivided portion of property cleanly.
  • Title officers and agents — Rely on recorded releases to clear exceptions before issuing title insurance.

Who has signing authority

Title Officer

A title officer or closer reviews the recorded chain, confirms the original deed of trust reference, verifies parcel descriptions, and ensures that the partial release satisfies title company requirements before closing or issuing insurance.

Lender Counsel

Lender counsel prepares or approves release language, confirms payoff or subdivision conditions are met, and executes the document on behalf of the beneficiary or trustee in accordance with internal loan authorization procedures.

Required information commonly included

Grantor / Borrower: Full legal name
Beneficiary / Lender: Full legal name
Original Deed: Record book and page
Legal Description: Lot or metes and bounds
Parcel Identifier: APN or parcel number
Recording County: County name

Consequences of errors or omissions

Recording Rejection: Document may be rejected by county recorder
Title Clouded: Buyer or lender may face unresolved exceptions
Tax Exposure: Incorrect releases can trigger tax assessment issues
Foreclosure Risk: Remaining lien priority may be uncertain
Fraud / Liability: Misstatement of parties risks civil claims
Insurance Denial: Title insurer may exclude coverage

Common preparation mistakes to avoid

  • Using an informal description instead of the exact recorded legal description causes recording errors and title objections from insurers.
  • Failing to reference the original deed of trust book and page can prevent clerks and title companies from matching the release to the right loan.
  • Omitting required notarization wording or notary acknowledgment format may lead to rejection by the county recorder.
  • Not verifying lender internal approval or trustee authority leads to unauthorized releases and potential liability.

Step-by-step: completing the partial release

Follow these steps in order to prepare, execute, and record a valid partial release of property from a deed of trust.

  • 01
    Request: Borrower submits release request with legal description and reason.
  • 02
    Review: Lender or counsel confirms loan conditions and approves release language.
  • 03
    Execute: Authorized signatory signs before a notary or follows RON steps where allowed.
  • 04
    Record: File the release with the county recorder and obtain an official file stamp.

How to set up an online partial release workflow

Configure fields and signer order for a clear, auditable online signing and recording preparation workflow.

Field | Configuration Setting
Authentication Method Email + SMS code
Signature Type Electronic signature allowed
Conditional Fields Enable release-specific conditional text
Routing Order Lender → Trustee → Borrower

Where to file and how documents flow after signing

After execution and notarization, the release must be submitted to the county recorder and circulated to interested parties.

  • Prepare Package: Assemble signed release, any supporting lien payoff or escrow letters.
  • Record: Submit to county recorder with required recording fee and copy for file.
  • Notify: Send recorded copy to title company and lender files.
  • Update Title: Title insurer issues updated commitment or clears exception.

Key components to include in a professional partial release

A complete partial release should contain clear references, precise descriptions, and statements that protect both lender and buyer interests.

Parties

Identify the grantor, trustee, and beneficiary using full legal names and roles so the instrument clearly ties to the original deed and loan.

Original Reference

Cite the original deed of trust instrument number, book and page, or recording date so the release is traceable in public records.

Release Language

State exactly which portion of the property is released and include any conditions, limitations, or reservations preserving remaining lien rights.

Legal Description

Include the full recorded legal description of the released parcel, not a street address, to ensure accurate indexing and title clarity.

Consideration

Describe consideration or reference a lender authorization letter that documents the basis for the release and any remaining loan obligations.

Recording Acknowledgment

Provide a notary or remote notarization block and space for county recorder stamps to document acceptance and effective date of recordation.

Supporting documents, formats, and storage

Prepare supporting materials and choose file formats that meet recorder and title company requirements before submission.

Supporting Documents

Include lender approval letters, subdivision plats, escrow instructions, prior deed of trust copies, and any payoff statements relevant to the release.

Preferred Formats

Recorders typically accept signed paper recorded originals; for e-submission use PDF/A or recorder-accepted PDF formats to preserve fidelity.

How to Export

Save final signed files as flattened PDF/A with embedded signatures and an audit trail for future title clearance and insurer review.

Document Storage

Retain both original recorded instruments and electronic copies in a secure system with access logs and backup.

Typical timing and expected turnarounds

Timelines vary by lender, county recorder workload, and whether remote notarization is used; plan accordingly for closing schedules.

Execution Date:

Signing date when parties execute the release

Notarization Date:

Date the notary or RON session is completed

Recording Submission:

When the document is delivered to the county recorder

Recorder Processing:

Time for clerk to accept and stamp the instrument

Title Update:

When title company issues updated commitment

Key milestones from request to recorded release

Track these sequential milestones to coordinate closings and avoid last-minute delays affecting sale or refinance.

01

Request Submitted

Borrower or agent requests a partial release from lender.

02

Lender Approval

Lender or counsel confirms conditions and signs off on release terms.

03

Document Execution

Authorized signatory signs and notarizes the partial release.

04

County Recording

Release is recorded and copies distributed to stakeholders.

Digital signing and transmission considerations

Use platforms that provide a tamper-evident audit trail, support remote notarization where permitted, and preserve a reproducible signed record for title and recorder requirements.

  • Integrations: Salesforce | NetSuite | Google Workspace
  • Accepted Formats: PDF, DOCX, flattened PDF/A
  • Authentication: Email link, SMS code, or advanced ID verification

Comparing eSignature options for partial release workflows

Key platform differences affect cost, compliance, bulk sending, and whether HIPAA or enterprise features are available; signNow appears first for comparison.

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 promotion Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Premium tier) Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Real-world scenarios for partial releases

Typical cases show how partial releases remove encumbrances on subdivided lots while preserving lender security on remaining land.

Subdivision Sale

A homeowner subdivides a five-acre parcel into three lots for sale

  • Lender consents to release Lot 1 after receiving a plat and partial payoff
  • The release is recorded and the buyer receives clear title to Lot 1 while the loan continues on remaining acreage.

Lot-By-Lot Financing

A developer finances a multi-lot tract and requests staggered releases as lots sell

  • Lender requires escrowed funds and lien waivers before each release
  • Each partial release is recorded sequentially, enabling marketable title transfers for individual buyers.

Frequently asked questions about partial releases

Answers to common operational and legal questions to help you avoid delays and errors when preparing or recording a partial release.


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