Certificate of Release - Explained
What is a Certificate of Release?
Written by Jason Gordon
Updated at March 10th, 2022
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Table of Contents
What is a Certificate of Release?How is a Certificate of Lease for Mortgage Used?Certificate of Payment Certificate of Release for MortgageWhat is a Certificate of Release?
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 creditors 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.
Back To: Real Estate, Personal, & Intellectual Property
How is a Certificate of Lease for Mortgage Used?
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. Well 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 mortgage 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.
