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Colorado Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor

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US-OG-130
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If an owner of a mineral or royalty interest, whose interest is subject to a mortgage/deed of trust, desires to sell or convey an interest, it is appropriate to obtain a release of that lien as to the interest conveyed. This form addresses that situation.

A Colorado Partial Release of Mortgage/Deed of Trust on a Mineral/Royalty Interest Sold by the Granter is a legal document that signifies the partial release of a mortgage or deed of trust on a specific portion of a mineral/royalty interest that has been sold by the granter. This partial release removes the lien or encumbrance on the released portion, allowing the grantee to possess and utilize the interest without restrictions. When a property owner in Colorado decides to sell a portion of their mineral or royalty interest, there may be an existing mortgage or deed of trust on the entire property. However, instead of releasing the entire mortgage or deed of trust, the granter opts for a partial release to only release the lien on the specific portion of the interest being sold. This allows the granter to retain the mortgage or deed of trust on the remaining portion of the interest, ensuring the continued security of any outstanding debts or obligations. The Colorado Partial Release of Mortgage/Deed of Trust on a Mineral/Royalty Interest Sold by the Granter document explicitly states the details of the release, including the parties involved (granter and grantee), the specific property description, the amount or percentage of the interest being released, and the legal description of the released portion. It is worth mentioning that there may be different types of Colorado Partial Release of Mortgage/Deed of Trust on a Mineral/Royalty Interest Sold by the Granter, depending on various factors such as the nature of the transaction, the terms agreed upon by the parties involved, or specific requirements set by lending institutions. Some possible variations could include: 1. Percentage Release: This type of partial release specifies the exact percentage of the mineral/royalty interest being released. For instance, if the granter sells 50% of the interest, a percentage release would acknowledge and release only that portion while retaining the lien on the remaining 50%. 2. Fractional Release: Similar to the percentage release, this type of partial release specifies the fractional interest being released. Fractional releases are commonly used when the interest is divided into shares or fractions, allowing the granter to release a specific fraction without affecting the remainder. 3. Specific Parcel Release: In cases where separate parcels or sections of the property have been sold, a specific parcel release identifies and releases the mortgage or deed of trust on each individual parcel, clearly delineating the boundaries and legal descriptions of the released portions. 4. Time-Based Release: Sometimes, the partial release may be structured based on time constraints or specific milestones. For instance, a partial release could be contingent on the granter fulfilling certain obligations or reaching predetermined milestones within a specified timeframe. It is crucial to consult with a qualified attorney or legal professional to determine the most suitable type of Colorado Partial Release of Mortgage/Deed of Trust on a Mineral/Royalty Interest Sold by the Granter, as well as to ensure compliance with all relevant laws and regulations.

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FAQ

What is the Difference Between a Deed and a Deed of Trust? The primary difference between a deed and a deed of trust is the purpose of each document. A deed transfers ownership of a property from one party to another, while a deed of trust secures a loan on a property.

Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.

With a deed of trust, the lender gives the borrower the funds to make the home purchase. In exchange, the borrower provides the lender with a promissory note. The promissory note outlines the terms of the loan and the borrower's promise (hence the name) to pay.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

A Release of Deed of Trust is a document signed and executed by the current beneficiary of a Deed of Trust. The release form is submitted to the Public Trustee's Office in the county in which the property is located.

In Colorado, real estate purchases in which the purchaser borrows money to pay for property are typically secured with a Deed of Trust. Rather than a mortgage in which the parties are the borrower and the lender, a Deed of Trust is a three-party agreement among a borrower, a lender, and the county Public Trustee.

In Colorado, real estate purchases in which the purchaser borrows money to pay for property are typically secured with a Deed of Trust. Rather than a mortgage in which the parties are the borrower and the lender, a Deed of Trust is a three-party agreement among a borrower, a lender, and the county Public Trustee.

If the loan is completely paid off (either before or at the end of the loan term), the Trustee is responsible for dissolving the Trust and transferring the legal title over to the new owner (the borrower).

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*Mark if the Request is a FULL or PARTIAL Release. *Enter the current date. *The Grantor, Beneficiary and Deed of Trust dates and recording information must. When a real estate loan is satisfied, the lender executes a Request for Release of Deed of Trust with the Public Trustee for the county in which the property is ...§ 1.2.7—Sale, Transfer, Or Creation Of Interest In Real Property —. Drafting ... Form 5-19—Request For Full/Partial Release Of Deed Of Trust And Re- lease By ... Add the Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor for editing. Click the New Document option above, then drag ... denied), in which the deed at issue conveyed a 3/8 royalty interest applied to the grantor's 1/7 mineral interest, and Arnold v. Ashbel Smith Land Co., 307. The lien of this Deed of Trust attaches to all of Grantor's rights ... (c). The Grantor hereby releases, remises, and quitclaims to the Beneficiary any interest. The Original Grantor hereby unconditionally and irrevocably releases the Trustee from any and all claims of the Original Grantor, whether now existing or ... Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey ... For example, assume A receives a 3% overriding royalty interest on an oil and gas lease by assignment dated August 1. 89 16A C.J.S. Deeds §217 (2013). 90 38 AM. For full releases the note must be marked "Paid in Full," signed and dated by all the holder(s) of the note. Original Note must be presented with the form.

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Colorado Partial Release of Mortgage / Deed of Trust on A Mineral / Royalty Interest Sold by Grantor