Certificate of Release – Definition

Cite this article as:"Certificate of Release – Definition," in The Business Professor, updated September 14, 2019, last accessed October 20, 2020, https://thebusinessprofessor.com/lesson/certificate-of-release-definition/.

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Certificate of Release Definition

A certificate of release refers to a document issued by a bank to mortgagee to ascertain that a mortgage loan with the former has been completely paid or cleared. This certificate proofs that the debt has been fully recovered, thus the borrower no longer owes the bank. On the other side of the coin, we have a lien release which certifies the lack of a creditor’s interest in a property or collateral. Thus, if the bank is the lender, it is required to issue a lien release to show that it no longer have any right over the property when the debt has been fully recovered.

A Little More on What is a Certificate of Lease for Mortgage

There are two types of certificates which are present in a land or property title; the Certificate of Payment, and the Certificate of Release on Mortgage. We’ll throw more light on the former and move on to the latter.

Certificate of Payment

This refers to a signed affidavit issued by the title company or closer to show that the mortgage has been recovered at a closing which was issued by the either the title company or the closer. This certificate however doesn’t necessary convey that a margate has been fully paid. Even with the amount of evidence which it produces, this certificate cannot simply be used to release a mortgage. Thus, it serves merely as a backing evidence for the mortgage release certificate. In a case where the creditor rejects the payoff or where the payoff is simply insufficient, the mortgage certificate of release will not be issued, making the loan remain valid.

Certificate of Release for Mortgage

This certificate is used to release a mortgage when issued, even when it isn’t signed by the creditor. This certificate was created by the Illinois statute, which offers the authority required by a title insurance company to release a mortgage via the certificate of release for mortgage. If this certificate is present in a title search, it signifies that a mortgage has been released and no other document is required to show that the loan has become invalid. Most small companies can also issue hold harmless letters on then certificate of release for mortgage if required by the transaction as specified in Section 10.1 of the Illinois statute.

References for Certificate of Release




Academic Research for Certificate of Release

Hillman on commercial loan documentation, Hemmendinger, T. S. (2013). Practising Law Institute. When the commercial lending becomes anxiety-inducing and unpredictable, one should know the ways to document transactions securing the interests of lenders and reducing the possibility of risk and providing them liability protection. The Hillman publishes a new 6th edition on CLD (Commercial Loan Documentation) that presents the practical suggestions to be followed reliably. This guideline includes how to conduct solid deals using loan closing checklists, get complete hazard insurance and resolve conflicts between the debtors and the creditors. It is equally beneficial for attorneys and business professionals.

Housing mortgage and housing transaction in China: Bridging the missing links, Tang, B. S., Liu, S., & Wong, S. W. (2006). Housing Finance International, 20(3), 30. In the last 2 and a half decades, market reforms have transformed socialist China successfully. Its GDP, in 2004, was recorded as RMB sixteen trillion yuan, being the 6th largest economy worldwide. It gradually restructured its housing and mortgage system. This paper examines the main factors causing tremendous development in China in these years and also reveals a few institutional constraints. The authors state how market-based solutions have been introduced in property intermediary service sector of China. This sector handles the institutional barriers and boosts the transaction efficiency in a better way in the market of housing mortgage.

Post Script, Haydock Jr, R. (1969). Post Script. Bus. Law., 25, 1185. This paper is based on the information of China’s housing and mortgage market and how it developed gradually. It highlights the laws related to the property’s security interest.

Property agents, housing markets and housing services in transitional urban China, Tang, B. S., Wong, S. W., & Liu, S. C. (2006). Housing Studies, 21(6), 799-823. This paper evaluates the specific role, activities and services of property agents in mainland China housing markets. The housing is considered as a commodity that gives an opportunity to service the developing traditional urban housing market. This research investigates how the Chinese institutions provide their services in the process of housing transaction. It explains different sources of understanding the market transformation in China’s housing system. Finally, the research has been made on the property agents in a market society.

Credit Application, Certificate, R. This article is based on detailed information about the format of the credit application. Each field has been explicitly explained to make it easy for the applicants. The individuals, as well as corporations, can apply for credit.

Authorized Release Certificate, NONE, A. A. S., BULLETiNS, C. W. A. S., & Cain, D. R. (2011).  This article is an explanation of the authorized release certificate. The format has been attached and the user responsibilities have been described in detail.

A Certificate of the Earl of Lancaster’s Auditors, 1341, Lewis, N. B. (1940). The English Historical Review, 55(217), 99-103. This paper is based on all the important briefs of a certificate of the Earl of Lancaster’s auditors. It is helpful for the auditors and the financial officers involved in the investigation of the financial records.

Use of Colorado Water Rights in Secured Transactions, Petrock, J. J. (1989). Colo. Law., 18, 2307. This study explains the Colorado Water Rights and how one can use these rights in secured transactions and what information an attorney should have about these rights.

Impacts of Price Variability on Marketing Margins and Producer Viability in the Texas Wheat Industry, Brorsen, B. W., Grant, W. R., Richardson, J. W., & Schnake, L. D. (1984). Western Journal of Agricultural Economics, 342-352. In this paper, the authors use simulation and econometric techniques to investigate the effects of price variability on market margins in the wheat industry of Texas and also, the producer viability shows that the firm exporting wheat are risk-averse. The producers get a reasonable return on capital.

Developing a secondary market in loan assets, Bray, M. (1984). Int’l Fin. L. Rev., 3, 22. This research has been carried out to guide on how to develop another market as per the demand of assets management. In medium term loans, the need is to consider the facilitation in transfers of participation.

Strategies for obtaining a reclamation certificate, Harrison, E. C. (1999). In Reclaiming, remediating and disposing of oilfield wastes in Alberta: proceedings of an Insight Conference. This paper discusses the strategies devised to obtain a reclamation certificate. The author describes what are the problems in the process of obtaining this certificate in Alberta.

Mortgage Electronic Registration System, Slesinger, P. K., & McLaughlin, D. (1994). Idaho L. Rev., 31, 805. This article elaborates the MERS (Mortgage Electronic Registration System) and the estimated cost savings from it. During the Lien Release Process, it enhanced the efficiencies of the industry. Finally, the authors present the organizational model of MERS in the perspective of clearinghouse services and structure.

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