A Nebraska Partial Release of Mortgage/Deed of Trust refers to a legal document that releases a specific portion of a property from the mortgage lien or deed of trust that encumbers it. This partial release becomes necessary when a property owner wants to sell or refinance a portion of their property while keeping the remaining portion tied to the mortgage or deed of trust. In Nebraska, there are two types of partial releases typically used: Partial Release of Mortgage and Partial Release of Deed of Trust. While similar in purpose, they differ based on the type of security instrument used in the original financing. 1. Partial Release of Mortgage: A Partial Release of Mortgage is utilized when a mortgage is the primary instrument securing the loan. This legal document allows the property owner to release a specific portion of their property from the mortgage lien, usually after making a payment that corresponds to the value of the released portion. 2. Partial Release of Deed of Trust: On the other hand, when a deed of trust serves as the security instrument, a Partial Release of Deed of Trust is employed. This document permits the property owner to release a specific portion of their property from the deed of trust, often after paying off a proportionate amount of the loan associated with that particular portion. Both types of partial releases ensure that the released portion is no longer subject to the mortgage or deed of trust and can be freely transferred or refinanced without the encumbrance of the initial loan. These releases protect both the property owner and any subsequent buyers or lenders as it establishes clear boundaries between the remaining mortgaged portion and the released portion. To initiate the process of obtaining a Nebraska Partial Release of Mortgage/Deed of Trust, it is advisable for the property owner to consult with their lender or mortgage company. They will guide them through the necessary steps to prepare the required release documents, which often need to be notarized or recorded with the appropriate county office. Additionally, it is crucial to have an updated land survey reflecting the boundaries of the released portion, as this will serve as evidence during the release process. Taking advantage of a Nebraska Partial Release of Mortgage/Deed of Trust can be an essential tool for property owners looking to unlock value from their properties or negotiate various financial transactions. It is recommended to seek legal advice before pursuing this course of action to ensure compliance with all applicable laws and regulations.