Can a release be e-signed and recorded?

Yes — an electronic signature can be legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Verify Wayne County’s recorder accepts electronically signed and notarized instruments or e-recording submissions before relying solely on e-signatures.

Is remote online notarization acceptable?

Many states permit RON, but requirements vary. Use a RON-compliant process that preserves audio-video and identity proofing, and confirm Wayne County’s acceptance of RON acknowledgements.

What if the county rejects the release?

Common causes include missing notarization, mismatched names, or absent recording references. Correct and re-submit with any requested attachments and confirmation of fees paid.

Who must sign the release?

The releasing party or an authorized representative should sign. If an attorney signs on behalf of a party, include a capacity statement or power of attorney as required.

Does a release require witness signatures?

Witness requirements vary by instrument type and state; most counties do not require witnesses for a release if notarization is provided, but check local rules.

How do I verify recording completed?

Obtain the recorder’s instrument number and recording date, request a certified copy, and confirm title insurer or public index reflects the release.

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Wayne County Release of Lis Pendens Notice

Wayne County Release of Lis Pendens Notice

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The Family Court of the State of Delaware

Form 382

(Rev. 7/95)

FILM

For New Castle Kent Sussex County

AFFIDAVIT FOR PRIORITY SCHEDULING OR EX PARTE ORDER

Petitioner

Name

Respondent

Name

File Number(s)

CPI Number(s)

Section I

I, the undersigned affiant, being duly sworn according to law,

Do hereby request that my Petition be treated on an expedited, priority basis because there is an immediate and present danger to me or to a minor child or to an infirm adult. (Describe below in section II why you believe there is an immediate and present danger, including what harm you believe you may suffer.)

Do hereby request an Order be issued on an ex parte basis (without notice to the Respondent) because I have been unable to notify the Respondent, such notice would put me in danger, or for some other reason. (Describe below in section II in detail the reasons why the order should be entered without notice to the Respondent.)

Do hereby attest to the truth of the allegations made in the attached petition. I request the following relief:

Section II

I further swear that unless relief is granted prior to a normally scheduled hearing on the merits, the following substantial and irreparable harm will result:

SWORN TO AND SUBSCRIBED before me this date,

Date

Signature

Notary Public

What the Wayne County Release of Lis Pendens Notice Is

A Wayne County Release of Lis Pendens Notice is a recorded instrument filed with the county recorder or register of deeds that removes or cancels a previously recorded lis pendens (a notice that litigation or a claim affects title to real property). The release documents the resolution, dismissal, settlement, or court order that removes the cloud on title and enables transfers, refinances, or clear title inspections. Recording a correct release protects property owners, lenders, and title companies by restoring public notice to its pre-litigation status.

Why a Prompt, Accurate Release Matters

Recording a properly completed release clears the public record, reduces exposure to closing delays or lender refusals, and limits potential claims for wrongful title clouding. It documents that litigation affecting the property has been resolved or otherwise terminated.

Who Typically Prepares and Records a Release

Parties involved in preparing and recording a release often include attorneys, title companies, lenders, and property owners; county recording staff accept and index the instrument for public notice.

Property owner or borrower — files to clear title when litigation ends; often provides settlement documentation to recorder.
Plaintiff or plaintiff's counsel — records the release when a case is dismissed or resolved to remove claim notice.
Title company or closing agent — ensures release is recorded before closing or reissue of title insurance.

Step-by-Step: Completing and Recording the Release

Follow these steps to prepare, verify, and record a release so the county can clear the lis pendens from the public record without delay.

01

Confirm Case Status: Obtain court dismissal, settlement documentation, or signed order confirming release.
02

Draft Release: Reference original lis pendens instrument, case number, property legal description.
03

Notarize or RON: Execute with required notarization or remote online notarization per jurisdiction.
04

Record with County: Submit to Wayne County register of deeds with required fees and attachments.

How to Set Up a Digital Workflow for Submitting a Release

Configure a consistent digital workflow to gather signatures, attach supporting court documents, and send the final instrument to the recorder for filing.

Field	Configuration
Signer Order	Owner or claimant signs first; attorney or authorized agent signs next.
Authentication Level	Use email+SMS code or ID verification for signer attribution.
Notary Integration	Include RON fields or plan for in-person notary as required by county.
Document Retention	Enable downloadable certified copy and audit trail for the parties.

Where and How to Submit a Release in Wayne County

Recording happens at the county register of deeds; electronic submission options vary by county, so confirm Wayne County's accepted formats and delivery channels before submitting.

County Recorder: Wayne County Register of Deeds receives and indexes the release.
Accepted Formats: Typically PDF; check county for specific file and notarization rules.
In-Person Filing: Deliver original with acknowledgements for county staff processing.
Remote Filing: Some counties accept e-recording vendors or RON-enabled submissions.

Digital Signing and Platform Requirements

Use platforms that support authenticated signatures, notarization workflows, and audit trails; confirm the system produces an export acceptable to the county recorder.

File Types: PDF and DOCX are widely supported.
Authentication: Email+SMS, KBA or government ID verification.
Integrations: Connectors for NetSuite, Salesforce, Box, and Google Workspace.

Typical Timelines and Recording Processing Expectations

Timing varies by county workload and submission method; plan for potential delays between submission, indexing, and availability in public search systems.

Recording Submission:

Submit immediately after obtaining court order or dismissal documentation.

Processing Time:

County indexing typically completes within 1–10 business days; e-recording may be faster.

Title Clearance:

Title companies may require a certified recorded copy before closing.

Escrow Holds:

Closings can be delayed until the release appears in the public record.

Checkbacks:

Confirm recording number and date once indexed for your records.

Common Preparation and Filing Pitfalls to Avoid

Incomplete cross-reference — omitting the original lis pendens instrument number causes indexing errors and delays.
Name mismatches — using different name formats for parties prevents automated linkage to the recorded notice.
Missing notarization — failing to include the required acknowledgement or RON evidence leads to county rejection.
Unsupported file format — submitting non-PDF or scanned images without required metadata can delay e-recording acceptance.

Legal and Practical Risks of an Incorrect Release

Title Clouding: Continued encumbrance on title

Closing Delays: Escrow or lender refusals

Liability Exposure: Potential claims for wrongful release

Recording Rejection: Instrument returned by recorder

Extra Costs: Re-recording and attorney fees

Administrative Burden: Additional title searches required

Real-World Examples: How Releases Are Used

These short examples illustrate why accurate releases matter for property transactions and title continuity.

Martin Properties — Closing

A property sale was contingent on clearing litigation affecting title.

The owner obtained a court dismissal and recorded a release.
Tim Martin, Founder at Martin Properties, noted that recording the release allowed the sale to proceed without additional escrow holdbacks and enabled the buyer's lender to fund the loan promptly.

Optica Ventures — Portfolio Clean-Up

A firm discovered an old lis pendens on an investment parcel.

Counsel prepared a release tied to the dismissal.
Brian Fitzgibbons, COO at Optica Ventures LLC, highlights that clearing the notice restored insurability and allowed refinancing across the portfolio.

Key Elements to Include in a Professional Release

A complete release includes references to the original filing, authoritative source of the release, and execution details that the recorder needs to index the instrument correctly.

Instrument Reference

Exact original lis pendens recording reference (book/page or instrument number) so the recorder can link the release to the initial notice.

Legal Description

Full legal description or tax parcel information to ensure the release is associated with the correct property record.

Authority Statement

Short statement specifying the event that permits the release (court dismissal, settlement, or order) and attaching supporting documentation when applicable.

Execution Details

Signature, printed name, capacity of signatory, and date of execution in MM/DD/YYYY format to establish signer authority and timing.

Notary Acknowledgement

A county-acceptable notary block or RON certificate demonstrating acknowledgement per state and county requirements.

Recording Instructions

Include recording fee payment method and any requested return address or certified copy instructions for post-recording delivery.

eSignature Pricing Snapshot for Release Workflows

Compare common vendor starting prices and a few feature differences relevant to recording and signatory authentication; signNow is listed first for clarity.

	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 (Business Premium)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Key Milestones from Filing to Release

Track these sequential milestones to ensure the release is effective and reflected in public records without unnecessary delay.

01

Litigation Resolved

Court dismissal, settlement, or order that provides the authority for a release.

02

Release Prepared

Draft the release referencing original lis pendens and attach supporting documents.

03

Recorded by County

Submit the instrument to the register of deeds and obtain a recording number.

04

Title Confirmed

Title insurer or lender confirms the release is indexed and clears the title.

Practical Tips for Accurate, Efficient Releases

Follow these best practices to reduce rejections and speed title clearance for property transactions.

Cross-Reference Precisely

Always reference the original lis pendens instrument number, recording book/page, and county to ensure the release links directly to the public notice.

Attach Supporting Orders

Include certified court orders or dismissal notices to substantiate the authority to release, which expedites clerk review and reduces challenges.

Verify Signatory Authority

Confirm the person signing has legal authority (party, attorney, or agent) and include capacity language to prevent future disputes.

Confirm Recorder Requirements

Check Wayne County’s required form, notary language, or RON acceptance before final submission to avoid rejection.

Frequently Asked Questions and Troubleshooting

Answers to common questions about releasing a lis pendens, recording, and the use of electronic signatures and notarization.

Need help? Contact support

Can a release be e-signed and recorded?
Yes — an electronic signature can be legally binding under the ESIGN Act (15 U.S.C. §7001) and UETA where adopted. Verify Wayne County’s recorder accepts electronically signed and notarized instruments or e-recording submissions before relying solely on e-signatures.
Is remote online notarization acceptable?
Many states permit RON, but requirements vary. Use a RON-compliant process that preserves audio-video and identity proofing, and confirm Wayne County’s acceptance of RON acknowledgements.
What if the county rejects the release?
Common causes include missing notarization, mismatched names, or absent recording references. Correct and re-submit with any requested attachments and confirmation of fees paid.
Who must sign the release?
The releasing party or an authorized representative should sign. If an attorney signs on behalf of a party, include a capacity statement or power of attorney as required.
Does a release require witness signatures?
Witness requirements vary by instrument type and state; most counties do not require witnesses for a release if notarization is provided, but check local rules.
How do I verify recording completed?
Obtain the recorder’s instrument number and recording date, request a certified copy, and confirm title insurer or public index reflects the release.

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