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A deed of release literally releases the parties to a deal from previous obligations, such as payments under the term of a mortgage because the loan has been paid off. The lender holds the title to real property until the mortgage's terms have been satisfied when a deed of release is commonly entered into.
It will depend what state the property is in. For example, the minimum fee payable when changing the title to have someone removed from a property title in NSW is $133.48. This fee must be paid to the NSW Government Land & Property Information Department.
Giving the wrong legal address for the property or the wrong amount of the debt can render the deed unenforceable. In some cases, the error is easy to fix, and the court will rule the deed is enforceable.
Most states that use deeds of trust to secure home loans are title theory states.A few deed of trust states include West Virginia, Alaska, Virginia, Arizona, Texas, California, North Carolina, Colorado, New Mexico, Idaho, Montana, Illinois, Missouri and Mississippi.
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.