Free Legal Form
Release of Real Estate Mortgage
Signed by the lender, a bank or a person, once a loan with land or a condo unit put up as security is fully paid. It lets the Registry of Deeds cancel the mortgage noted on the title.
RELEASE OF REAL ESTATE MORTGAGE
KNOW ALL PERSONS BY THESE PRESENTS:
This Release of Real Estate Mortgage is executed by mortgagee's name, lender's details, hereinafter called the MORTGAGEE.
WITNESSETH:
- On date of the mortgage, mortgagor's full name, of mortgagor's address, hereinafter called the MORTGAGOR, executed a Real Estate Mortgage in favor of the MORTGAGEE to secure a loan of amount in words (₱amount of the loan), Philippine Currency, which was acknowledged before name of notary public, Notary Public, and entered in the notarial register as Doc. No., Page No., Book No., Series;
- The mortgage covers the property, lot or unit and location, covered by title number of the Registry of Deeds, and was annotated on that title as Entry No. entry number on date of annotation;
- The MORTGAGOR has fully paid the loan and all other obligations secured by the mortgage;
- For this reason, the MORTGAGEE hereby RELEASES and DISCHARGES the property described above from the Real Estate Mortgage, and declares the mortgage cancelled and of no further force and effect;
- The MORTGAGEE hereby authorizes the Register of Deeds to cancel the annotation of the mortgage, Entry No. entry number, on title number, and to note this release on the title.
IN WITNESS WHEREOF, this Release has been signed this ____ day of ______________ 20___ at city or municipality, Philippines.
Mortgagee
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| mortgagee's name | ID type and number |
known to me and to me known to be the same person who executed the foregoing Release of Real Estate Mortgage, and who acknowledged to me that the same is a free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, refers to the mortgage annotated as Entry No. entry number on title number, and has been signed by the party and the instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- Banks and financing companies usually prepare their own release, signed by an authorized officer. If yours has, use theirs. This form suits a release by an individual lender, or by a company that asks you to prepare it.
- Under Section 62 of the Property Registration Decree, Presidential Decree No. 1529 (PD 1529), a mortgage on titled land is cancelled by a document signed by the lender (the mortgagee) and registered with the Registry of Deeds, which then notes the cancellation on the title.
- Bring the notarized release, the owner's copy of the title (Owner's Duplicate) and the lender's proof of authority (for a company, a Board Resolution or Secretary's Certificate) to the Registry of Deeds. Check the Registry's current requirements and fees first. See the guide Cancelling a mortgage.
- Copy the entry number and date of the mortgage exactly as they are written on the back of the title, in the list of loans and claims on the property (the memorandum of encumbrances).
For the steps around this document, see the guide Cancelling a mortgage.