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Hi all,
I am making a final payment for a small tract of land in Texas (5 year mortgage) and told I now need to get an attorney to prepare a "release of lien" contract.
Question: Do I search out a real estate attorney to do this or can any attorney write one up? If so, can I pick one near where I live (currently in Missouri) or does it need to be one that works and practices in Texas?
Why isn't your Seller providing the release of lien? I would think it should be up to them to get a local Texas attorney to do that for them. Plus, unless something is really different in Texas, it is not a contract--it's merely a release of lien document which gets recorded to show that the mortgage has been satisfied.
Why isn't your Seller providing the release of lien? I would think it should be up to them to get a local Texas attorney to do that for them. Plus, unless something is really different in Texas, it is not a contract--it's merely a release of lien document which gets recorded to show that the mortgage has been satisfied.
The seller financed the loan since it was a FSBO. Since it was a small tract of land for a small sum, I went through without a buyer's agent. Wish i would not have done it this way, but too late now.
How do I get a release of lien document for my needs? thanks.
I found a form on the web and printed and executed it for under $15. Once I printed it and had it notarized, I provided it to my buyer. He then filed it (I think it cost him $35 in Tarrant County, TX) at the courthouse.
Its not a big deal in TEXAS to file lien releases or Quit Claim Deeds. You don't need a lawyer. I have done several quit claim and title changes on my own.
How do I get a release of lien document for my needs? thanks.
Since the Seller holds the mortgage, the Seller needs to execute the release of lien. You can try to provide the text of the document to the Seller, but it really should be up to them to do that, too.
Since the Seller holds the mortgage, the Seller needs to execute the release of lien. You can try to provide the text of the document to the Seller, but it really should be up to them to do that, too.
I am getting it notarized and then filing at local court house there. Is that the right path?
I am getting it notarized and then filing at local court house there. Is that the right path?
No, you can't fill out your own release of lien. The Seller needs to have their signature notarized on the release of lien.
Just to be safe, you should probably have them provide you with a copy of the one that is to be recorded before you make your last payment (so you know that they have it ready). You'll have no leverage to get it from the Seller once you pay in full. Most will provide it, of course, but since you've been asked to do the leg work on this it just sounds a bit odd.
EDIT: Oops, is it the Seller who told you that you need to now prepare a release of lien...or was it someone else?
Last edited by jackmichigan; 07-15-2016 at 09:06 AM..
No, you can't fill out your own release of lien. The Seller needs to have their signature notarized on the release of lien.
Just to be safe, you should probably have them provide you with a copy of the one that is to be recorded before you make your last payment (so you know that they have it ready). You'll have no leverage to get it from the Seller once you pay in full. Most will provide it, of course, but since you've been asked to do the leg work on this it just sounds a bit odd.
EDIT: Oops, is it the Seller who told you that you need to now prepare a release of lien...or was it someone else?
I am going to get a release of lien and then get the seller to notarize it. Then i will record it at the local court house.
Yes, it was the seller that told me to do this (probably was given advice by an attorney friend of hers).
Normally i wouldn't do legwork like this, but the seller has been very generous in the mortgage terms and I wanted to keep up the great relationship.
All you have to do, is go down to your local office supply that will have legal forms for about any need. Ask for a release of real estate lien (mortgage or deed of trust). They will sell you for almost nothing the right form for use in your state.
Fill out the lien release, and file it at the courthouse where the property is located. Can even be mailed if you are out of state.
Here is a sample of the one an attorney would use, so you can see how easy it is to fill out.
Over my many years as an investment real estate broker, I have filled out many and for more than one state to get things cleaned up for closings when property was privately financed.
Fifteen minutes to fill out the form, and save a good sized attorney bill.
Hi all,
I am making a final payment for a small tract of land in Texas (5 year mortgage) and told I now need to get an attorney to prepare a "release of lien" contract.
Question: Do I search out a real estate attorney to do this or can any attorney write one up? If so, can I pick one near where I live (currently in Missouri) or does it need to be one that works and practices in Texas?
Thanks
ANY attorney should be able to create this, but most will likely just reproduce one you can find. You can also search your county records online, find one, and copy it just adding your pertinent information. Lots of attorneys do this as well.
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