Can a Post-Security Agreement be e-signed?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in most states when intent, consent, attribution, and record retention are satisfied. Consumer-facing records require ESIGN disclosures per 15 U.S.C. §7001(c).

When is notarization required by state law?

Notarization depends on document type and state; many recorders require an acknowledgment for real estate-related releases. Remote online notarization is available in most states but follow identity proofing and audio-video retention rules. Verify county requirements before filing.

How to handle mismatched names on signatures?

Name mismatches can delay recording or trigger rejections; provide supporting ID, an affidavit of name variation, or corrected instrument. For entities, attach articles of incorporation or registration evidence. Incorrect names can also affect tax reporting and backup withholding.

How do I correct an error after recording?

File a corrective instrument or reformation agreement referencing the original recording and clearly identifying corrections; obtain required signatures and notarizations. State rules vary — some counties accept affidavits of correction while others require court proceedings for substantive changes.

Can the Post-Security Agreement be revoked or canceled?

Revocation depends on contract terms and consideration; if parties consent, record a termination or mutual release. If fraudulent or unauthorized, remedies include rescission and possible litigation. For secured transactions, ensure UCC filings are updated to reflect termination.

What retention periods apply and why?

Retain originals for the life of the agreement plus statutory periods: generally three years per IRC §6501(a), six years for HIPAA-covered records per 45 CFR §164.530(j), and longer where state law or industry rules require it.

Electronic Signature
Templates
Miscellaneous
Post-Security Agreement

Post-Security Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

POST-SECURITY AGREEMENT

This Post-Security Agreement (the Agreement) is made effective as of between:

Client Name: Client Address: Secured Party Name: Secured Party Address:

Recitals

WHEREAS, Client and Secured Party previously entered into a Security Agreement identified as: dated (Original Security Agreement); and

WHEREAS, the parties desire to set forth post-security obligations, modifications to the treatment of collateral, and the procedures that will govern the secured transaction going forward.

WHEREAS, capitalized terms used but not defined herein have the meanings given in the Original Security Agreement unless otherwise defined in this Agreement.

Scope of Work

The services, actions, and obligations to be performed by the parties following the Original Security Agreement are described below. These obligations supplement and do not supplant rights expressly retained by the Secured Party under the Original Security Agreement.

Payment Terms

In consideration for the post-security services and any amendments to the Original Security Agreement, Client shall pay Secured Party as follows:

Total Consideration (USD): Payment Schedule / Milestones: Late Fee / Interest:

All payments shall be applied first to accrued fees and interest and then to principal. Client shall remit payments to the Secured Party at the address listed above or at another address designated in writing by the Secured Party. Failure to pay when due shall constitute an Event of Default under this Agreement and the Original Security Agreement.

Term and Termination

Term: This Agreement shall commence on and shall continue until unless earlier terminated pursuant to this Section.

Either party may terminate this Agreement for convenience upon days' prior written notice to the other party. Termination shall not relieve Client of obligations to pay amounts accrued prior to termination or affect the Secured Party's rights with respect to any continuing security interest in collateral except as expressly agreed in writing.

Confidentiality

Each party shall maintain as confidential all non-public information disclosed in connection with this Agreement and shall not disclose such information to any third party except to their attorneys, accountants, or as required by law. Confidential information shall not include information that is or becomes publicly available through no breach of this Agreement.

Upon termination of this Agreement, each party shall promptly return or destroy confidential materials of the other party, except that Secured Party may retain copies to the extent necessary to enforce its rights and obligations under the Original Security Agreement.

Representations and Warranties

Each party represents and warrants to the other that it has the power and authority to enter into and perform this Agreement and that the execution and delivery of this Agreement has been duly authorized.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Remedies; Enforcement

The parties agree that monetary damages may be inadequate to remedy a breach of this Agreement and that the non-breaching party shall be entitled to seek specific performance or injunctive relief in addition to any other remedies available at law or in equity. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

Entire Agreement; Amendment

This Agreement, together with the Original Security Agreement and any written amendments expressly referenced herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements. No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

Assignment

Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Secured Party may assign its rights to any successor or transferee of its secured interest without Client's consent, provided notice is given to Client.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above, or to such other address as a party may specify by notice in accordance with this Section, and shall be deemed given upon personal delivery, confirmed delivery by commercial courier, or three days after deposit in the United States mail, postage prepaid.

Client

Printed Name:

By:

Date:

Secured Party

Printed Name:

By:

Date:

What a Post-Security Agreement Is and When It Applies

A Post-Security Agreement is a formal written contract executed after security measures are satisfied or modified — for example, after collateral delivery, lien releases, escrow funding, or payoff of a loan. It identifies the parties, references the original security instrument, states the effective date and conditions of release or modification, and records any continuing covenants or obligations. Commonly used in secured lending, commercial real estate, and construction closings, the document creates an auditable record of the post-closing security status for title, audit, and compliance purposes.

Why a Post-Security Agreement Matters for Risk and Recordkeeping

Using a Post-Security Agreement reduces ambiguity about lien status, documents satisfaction of release conditions, and creates a durable audit record. It protects lenders, borrowers, and title parties by clarifying obligations, documenting exact release language, and enabling reliable public record updates where applicable.

Who Typically Prepares and Relies on This Agreement

Typical users and stakeholders who complete or rely on a Post-Security Agreement include lenders, borrowers, escrow agents, and closing attorneys.

Lenders and secured creditors verify release conditions and retain an auditable record.
Borrowers or grantors request release of collateral upon satisfaction of obligations.
Title and escrow agents coordinate filings and record acknowledgments for closing.

The agreement is useful across secured lending, commercial real estate, construction, and corporate finance transactions to ensure clear post-closing status.

Typical Signatories and Supporting Parties

Primary Signatory

Typically the borrower, grantor, or company officer who held the security interest signs to acknowledge release or modification. This signer must have authority to bind the organization; include corporate title and, when required, board resolution or power-of-attorney documentation that confirms signing authority.

Notary / Witness

A licensed notary or required witnesses may authenticate signatures where state or transaction rules demand notarization or witnesses. For remote notarization, retain audio-video records and follow identity-proofing requirements; check state notary statutes for valid procedures and retention obligations.

Essential Fields to Include

Parties: Full legal names of all parties

Security Instrument: Type and reference details

Collateral Description: Clear description of secured property

Effective Date: Effective date in MM/DD/YYYY

Release Conditions: Conditions or satisfaction criteria

Signatures: Signature, title, and date

Step-by-Step: Completing a Post-Security Agreement

Follow these sequential steps to complete and record a Post-Security Agreement accurately and ensure legal enforceability.

01

Prepare Document: Identify instrument, parties, and effective date.
02

Confirm Conditions: Verify lien release conditions and evidence.
03

Authenticate Signatures: Obtain signatures, notarization, or witnesses as required.
04

Record and Distribute: Record where required and distribute copies to parties.

Configuring an Online Signing Workflow

Configure an online workflow to automate signatures, authentication, and post-execution distribution when using eSignature platforms.

Field	Configuration
Signer Authentication	Email link, SMS code, or KBA as required
Bulk Send	Enable for mass distribution when available
Conditional Fields	Show or hide fields based on prior answers
Post-Execution	Auto-distribute PDFs and store audit trails

Technical Requirements for Digital Execution

Digital completion requires compatible file formats, signer authentication mechanisms, and secure storage that meets regulatory standards such as ESIGN and UETA.

File Types: PDF, DOCX, and fillable forms
Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace
Security: TLS 1.2/1.3 and AES-256

High-Level eSubmission Flow

This section summarizes typical routing and execution steps for e-submitting a Post-Security Agreement using online signing platforms.

Upload: Attach final document to workflow
Prepare Fields: Place signature, date, and required tags
Authenticate: Choose email, SMS, or advanced methods
Complete: Signer signs and system issues certificate

Timing and Filing Considerations

Key timing considerations and statutory deadlines to observe when executing and recording a Post-Security Agreement.

Provide Upon Request:

Deliver agreement when payer or lienholder requests

Recording Timeframes:

Record promptly to avoid lien priority disputes

Notary Window:

Sign and notarize within applicable state timelines

Tax Reporting:

Retain records to meet IRS retention rules

Contractual Deadlines:

Observe contract-specified notice and cure periods

Key Processing Milestones

Sequential milestones for processing a Post-Security Agreement from drafting through final recording and distribution in a typical transaction.

01

Draft Agreement

Prepare language citing original security instrument and conditions for release.

02

Internal Approval

Obtain signatory authority and corporate approvals or resolutions.

03

Execution & Notarization

Sign parties and secure notary or witness where required.

04

Record & Notify

Record document if necessary and distribute recorded copies.

Common Preparation Pitfalls to Avoid

Failing to identify the correct security instrument or reference can negate the release and leave parties exposed to continuing liens or claims.
Using ambiguous release language such as 'reasonable efforts' or 'as necessary' creates enforceability disputes and increases the likelihood of litigation.
Skipping required notarization or witness steps in jurisdictions that mandate them can result in record rejection at the county recorder or court.
Failing to retain original signed copies or adequate audit trails undermines evidentiary value and complicates future title searches and audits.

Consequences of Incorrect or Incomplete Agreements

Invalid Release: Unenforceable without proper authority

Delayed Filings: Late recording can revive liens

Tax Withholding: Backup withholding risk

Notary Defects: Improper notarization voids acceptance

Wrong Parties: Name mismatches cause rejections

Fraud Allegations: May trigger rescission or litigation

eSignature Vendor Pricing Snapshot for Post-Security Workflows

Compare common vendor pricing and basic feature availability for eSignature solutions relevant to executing Post-Security Agreements; signNow appears first per vendor ordering rules.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	Varies	Varies

Practical Examples of Post-Security Agreements in Use

Real-world examples show how Post-Security Agreements resolve lien issues, document releases, and speed title clearance for subsequent transactions.

Optica Ventures LLC

Optica Ventures used a Post-Security Agreement to confirm lien releases after refinancing, ensuring clear title records for investors.

Faster clearance of title issues accelerated closings.
By attaching lender payoff statements and recorded releases, the firm reduced follow-up inquiries and created a single, recorded source of truth for audits and subsequent financing rounds, improving internal controls and investor confidence.

Martin Properties

Martin Properties employed Post-Security Agreements to document lien releases after tenant improvements and final payments on construction loans.

This standardized rollout reduced administrative backlog.
Standardized templates and electronic execution allowed quick distribution to title companies and lenders, decreased clerical errors, improved tracking, and supported faster closings without requiring in-person signings, even when notaries or witnesses were needed for recordation.

Practical Drafting and Execution Practices

Adopt consistent drafting and execution practices to reduce rejections and legal exposure when preparing Post-Security Agreements.

Use precise release and reference language

Draft the release to reference the original security instrument by recording number, date, and parties. Avoid blanket terms; state conditions satisfied and attach payoff statements or recorded releases to reduce recorder rejections and future title disputes.

Confirm signer authority and evidence

Verify that each signer has authority to execute the agreement; include corporate resolutions, notarized powers of attorney, or board minutes when an officer signs on behalf of an entity. Document chain of title changes.

Maintain auditable records and backups

Retain signed originals, recorded copies, and electronic audit trails including timestamps, IP addresses, and notarization evidence. For remote processes, preserve audio-video proof and ensure tamper-evident storage to support authentication in future disputes or title examinations.

Coordinate recording, notice, and distribution promptly

Determine whether the document requires recording; if so, follow county recorder formats and include required cover sheets. Notify lenders, title insurers, and affected parties with recorded copies to prevent duplicate filings and ensure accurate public records.

Frequently Asked Questions and Practical Answers

Answers to common questions about executing, recording, and correcting Post-Security Agreements, including e-signature and notarization considerations.

Need help? Contact support

Can a Post-Security Agreement be e-signed?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and UETA in most states when intent, consent, attribution, and record retention are satisfied. Consumer-facing records require ESIGN disclosures per 15 U.S.C. §7001(c).
When is notarization required by state law?
Notarization depends on document type and state; many recorders require an acknowledgment for real estate-related releases. Remote online notarization is available in most states but follow identity proofing and audio-video retention rules. Verify county requirements before filing.
How to handle mismatched names on signatures?
Name mismatches can delay recording or trigger rejections; provide supporting ID, an affidavit of name variation, or corrected instrument. For entities, attach articles of incorporation or registration evidence. Incorrect names can also affect tax reporting and backup withholding.
How do I correct an error after recording?
File a corrective instrument or reformation agreement referencing the original recording and clearly identifying corrections; obtain required signatures and notarizations. State rules vary — some counties accept affidavits of correction while others require court proceedings for substantive changes.
Can the Post-Security Agreement be revoked or canceled?
Revocation depends on contract terms and consideration; if parties consent, record a termination or mutual release. If fraudulent or unauthorized, remedies include rescission and possible litigation. For secured transactions, ensure UCC filings are updated to reflect termination.
What retention periods apply and why?
Retain originals for the life of the agreement plus statutory periods: generally three years per IRC §6501(a), six years for HIPAA-covered records per 45 CFR §164.530(j), and longer where state law or industry rules require it.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now