The Release of Lien Texas form is a legal document used to formally acknowledge the payment of a debt and to release a lien on a property. This form signifies that the holder of the note and lien has received full payment and relinquishes any claims against the property in question. Understanding how to properly fill out this form is crucial for ensuring that all parties involved are protected and that the property is free from any encumbrances.
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The Release of Lien Texas form is a legal document that confirms the payment of a debt and releases a property from any liens held by the lender. Once the lien is released, the property owner is free from any claims related to that lien.
This form is primarily prepared for use by lawyers in Texas. However, property owners and lenders can also benefit from understanding its purpose and implications. It is essential to ensure that the form is filled out correctly to avoid any legal complications.
To complete the Release of Lien Texas form, you will need to provide:
Once the form is completed and signed, it should be acknowledged by a notary public. After notarization, the document must be recorded with the appropriate county clerk's office. This recording provides public notice that the lien has been released.
If a Release of Lien is not filed, the lien may remain on the property. This can create issues for the property owner, such as difficulties in selling or refinancing the property. Additionally, the lender may retain rights to enforce the lien for any future debts, even if the original obligation has been satisfied.
Once a Release of Lien is executed and recorded, it generally cannot be revoked. The lender waives their rights to enforce the lien for any future debts. However, if there was a mistake or fraud involved in the release, legal action may be necessary to address those issues.
The Release of Lien form is an important document in Texas real estate transactions. It signifies that a lender has received full payment for a debt and releases their claim on the property. Several other forms and documents often accompany this release to ensure all aspects of the transaction are properly documented. Below is a list of these related documents.
These documents work together to ensure clarity and security in real estate transactions. Each plays a vital role in protecting the interests of all parties involved, from lenders to borrowers and beyond.
Prepared by the State Bar of Texas for use by lawyers only.
E 1999 by the State Bar of Texas
RELEASE OF LIEN
Date:
Holder of Note and Lien:
Holder’s Mailing Address (including county):
Note
Original principal amount:
Borrower:
Lender:
Maturity date (optional):
Note and Lien Are Described in the Following Documents, Recorded in:
Property (including any improvements):
Holder of Note and Lien is the owner and holder of the Note and Lien described above.
Holder of Note and Lien acknowledges payment in full of the Note and releases the Property from the Lien and from all liens held by Holder of Note and Lien, without regard to how they were created or evidenced.
Holder of Note and Lien expressly waives and releases all present and future rights to establish or enforce the Lien as securi- ty for payment of any future or other indebtedness.
When the context requires, singular nouns and pronouns include the plural.
(Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on
,
by
.
Notary Public, State of Texas
Notary’s name (printed):
Notary’s commission expires:
(Corporate Acknowledgment)
of
a
corporation, on behalf of said corporation.
AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE OF:
Filling out the Release of Lien Texas form can be straightforward, but several common mistakes can lead to complications. One significant error is failing to include the correct Holder’s Mailing Address. This address is crucial for ensuring that all parties involved can be reached if necessary. Omitting or miswriting this information can result in delays or issues with the release.
Another frequent mistake is not providing complete details about the Property involved. The form requires a clear description of the property, including any improvements. Incomplete descriptions can lead to misunderstandings about which property is being released from the lien, potentially causing legal disputes down the line.
People often overlook the importance of accurately filling in the Note Date and Maturity Date. These dates are vital for establishing the timeline of the loan agreement and ensuring that the lien is properly released. Incorrect or missing dates can create confusion regarding the status of the loan and the lien itself.
Additionally, some individuals forget to acknowledge the form correctly. The Acknowledgment section requires the signature of a notary public. If this step is skipped, the release may not be legally binding. Ensuring that the notary's name is printed and their commission expiration date is included is essential for the document's validity.
Lastly, failing to state the Original Principal Amount of the loan can be a critical oversight. This figure is important for establishing the context of the lien and confirming that the debt has been satisfied. Without this information, the release may be questioned, and the lien could remain in effect longer than necessary.
The Release of Lien Texas form is an important document used to formally acknowledge the payment of a debt and to release a lien on a property. Several other documents serve similar purposes in various contexts. Here’s a look at seven of those documents:
Understanding these documents can help you navigate the complexities of property transactions and ensure that all obligations are properly addressed.
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