What is a partial release of property?

A partial release removes a defined portion of real property from the lien of an existing deed of trust while leaving the remainder secured. It ties to the original loan instrument and is recorded in the county where the property is located to update title records.

Who has authority to sign the release?

The trustee or authorized lender representative typically signs the partial release. For corporate trustees, an officer with signing authority must sign and the signature should be notarized. Verify loan documents and corporate resolutions to confirm that the signer has appropriate authority to execute the release.

Is notarization required to record the release?

Most counties require a notarized acknowledgment to accept deeds and related instruments for recording. Remote online notarization may be acceptable where state law permits. Confirm county recording office rules; omission of required notarization often results in rejection or a need for corrective filings.

Can a partial release be electronic?

Yes, electronic signing and e-recording are generally valid under the ESIGN Act and state UETA adoption, provided the platform captures intent, consent, attribution, and retention. Certain counties or document types may require wet signatures or specific notarization procedures—verify with the recording office.

What if the county rejects the release?

If rejected, obtain the county recorder's rejection reason, correct the identified defects—often legal description, notarization, or deed reference—and resubmit corrected documents promptly. In some cases a corrective partial release, affidavit, or re-execution before proper parties may be necessary to achieve recordation.

How long to get recorded copies back?

Recording times vary by county; many offices process instrument filings within one to seven business days, though high-volume counties may take longer. Request expedited or certified copies when available, and confirm expected turnaround with the county recorder before submission to plan closing timelines.

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Partial Release of Property from Deed of Trust

Partial Release of Property from Deed of Trust

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Partial Release of Property From Deed of Trust - Individual

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

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, the Grantor, acting in his capacity as Trustee of the

Trust, this the day of 20

By

Signature

Type or Print Name

State of Arizona

County of

The foregoing instrument was acknowledged before me this day of

by (person).

Notary Public

My commission expires:

Type or Print Name

Mortgagee Name, Address, phone:

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

EXHIBIT A

(This section is typically for attaching a detailed legal description of the property.)

What a Partial Release of Property from Deed of Trust Is

Partial Release of Property from Deed of Trust is a legal instrument that removes a specified portion of real property from the lien created by an existing deed of trust while the remaining lien continues to secure the debt. Lenders commonly issue partial releases after specified conditions are met, such as receipt of payment, completion of improvements, or subdivision approvals. The document identifies the parcel(s) released, references the original deed of trust and recording details, and is recorded in the county land records to update the chain of title and protect the released parcel from future claims under that lien.

Why a Partial Release Matters for Title and Transactions

Releasing part of the collateral clarifies title for buyers, enables phased development or lot sales, and allows lenders to preserve security over remaining property. A clear, recorded partial release reduces transaction friction and prevents unintended enforcement against the released parcel.

Who Typically Prepares and Uses a Partial Release

Typical users include lenders, title companies, developers, and closing attorneys handling subdivided or partially sold secured property.

Lenders approving lot-by-lot releases after construction milestones or receipts of loan paydowns.
Title companies preparing curative recordings and issuing updated title commitments for buyers.
Developers and sellers needing clear title for individual parcels in phased subdivisions.

Key Elements to Include in a Professional Partial Release

Core elements of a professional Partial Release of Property from Deed of Trust document ensure clarity, enforceability, and accurate public recordation.

Released Parcel

Describe the legal description or assessor parcel number of the portion released, including metes and bounds or lot numbers, to eliminate ambiguity about which real property is removed from the lien.

Reference Loan

Include the original deed of trust book and page, recording county, and loan or trust instrument date so the partial release clearly ties to the underlying secured obligation.

Conditions

State the lender conditions that triggered release—payment amount, completed improvements, plat approval—and any certifications required before recording the release document, including inspection and title confirmation.

Partial Reconveyance

Specify that the deed of trust lien remains on the remainder of the property and provide language describing the partial reconveyance effect, referencing encumbrance portions and retained security interest.

Signatures

Provide a notarized acknowledgment for the trustee or authorized lender signatory, printed names and titles, and any officer authentication needed for corporate trustees or institutional lenders.

Recording Block

Include a recording block for the county clerk with space for recording stamp, book and page numbers, recording date, and the instrument number to ensure proper indexing in public records.

Required Data Elements at a Glance

Borrower Name: Full legal name as on ID

Lender Name: Legal lending entity name and address

Property Description: Parcel number or full legal description

Deed Reference: Book, page, recording county

Release Terms: Conditions, effective date, consideration

Notary Block: Acknowledgment and notary signature space

Step-by-Step: Prepare and Record a Partial Release

Follow this stepwise checklist to prepare, execute, and record a partial release to clear a parcel from an existing deed of trust.

01

Prepare Document: Assemble loan reference, legal description, and release terms.
02

Obtain Approval: Get lender and trustee authorization in writing.
03

Notarize: Sign before notary per state requirements.
04

Record: File with county recorder and obtain instrument number.

How to Configure an Online Partial Release Workflow

Configure an online partial release workflow to collect signatures, attach exhibits, and route for approval before recording.

Field	Configuration
Authentication	Email link with optional SMS OTP or KBA
Notification	Automatic reminders and completion receipts to signers
Attachments	Upload plat, prior deed, and payment evidence
Recording Prep	Flatten PDF, include recording block, and export

Where to File, Send, or Submit the Executed Release

Record the partial release with the county recorder in the jurisdiction where the real property is located to update public land records and title.

County Recorder: Primary filing office for deed records.
Title Company: Send certified copy for title commitment update.
Escrow/Closing: Provide to escrow to close lot sale transactions.
Lender File: Retain executed copy in loan servicing records.

Digital Signing and File Requirements for Recording

Use an e-signature platform that supports notarized acknowledgments, audit trails, and PDF output compatible with county recorders.

File Formats: PDF, DOCX, and flattened PDF for recording
Integrations: Integrates with Salesforce, NetSuite, Google Workspace
Authentication: Email, SMS OTP, or KBA

Typical Timelines and Recording Expectations

Typical timing and recording expectations for partial releases depend on lender workflow, document notarization, and county recording schedules.

Lender Approval:

Varies, often 3–10 business days

Notarization:

Same day if signers present; schedule may add days

County Recording:

Processing typically one to seven business days by county

Title Update:

Title companies issue new commitments after recording

Delivery to Parties:

Executed recorded copies returned within days to weeks

Common Preparation Errors to Avoid

Using an imprecise legal description that omits lot lines or tract references risks recording rejection or an ineffective release that fails to clear title for purchasers.
Failing to reference the original deed of trust book, page, or instrument number can prevent clerks and title examiners from linking the release to the correct loan record.
Allowing unapproved partial releases without lender authorization may breach loan covenants and expose the servicer to borrower disputes or foreclosure complications.
Not notarizing when the county requires an acknowledgment or failing to use remote online notarization procedures where permitted causes recording delays or rejection.

Short-Term Risks and Legal Consequences

Title Clouding: Conveys defective title

Loan Default Risk: Breach of lien terms

Recording Rejection: Clerk will reject

Delayed Closing: Escrow timelines extended

Civil Liability: Claims for damages

Tax/Assessment Issues: Parcel reassessment possible

Pricing and Feature Comparison: signNow and Alternatives

Compare common eSignature plan features and starting prices to evaluate suitability for partial release workflows and recording needs.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Milestones: Approval through Recording

Key milestones in the partial release lifecycle show who acts and when during approval, execution, and recording stages.

01

Submission

Prepare release document and lender approval package for review.

02

Authorization

Lender signs and trustees certify authority to release parcel.

03

Acknowledgment

Signatures notarized or remote notarization session recorded per state rules.

04

Recording

File with county recorder and distribute certified copies to parties.

Frequently Asked Questions and Troubleshooting

Answers to common questions about preparing, signing, notarizing, and recording a Partial Release of Property from Deed of Trust.

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