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Mortgage Release Deed
"I need a Mortgage Release Deed for a residential property in Mumbai where the full loan amount has been repaid to HDFC Bank, with the release to be effective from March 15, 2025; the deed should include provisions for the return of all original property documents."
1. Parties: Details of the Mortgagor (borrower) and Mortgagee (lender), including their full names, addresses, and legal capacity
2. Background: Recitals describing the original mortgage deed, its date, registration details, and the property mortgaged
3. Definitions: Definitions of key terms used in the deed, including 'Mortgage Deed', 'Property', 'Release Date', etc.
4. Acknowledgment of Payment: Confirmation that the entire mortgage amount, including interest and other charges, has been fully paid
5. Release Declaration: Formal declaration by the mortgagee releasing all rights, title, and interest in the mortgaged property
6. Return of Documents: Confirmation of return of all original property documents held by the mortgagee
7. Representations and Warranties: Mortgagee's representations regarding their authority to release and the absence of assignments
8. Registration and Stamp Duty: Provisions regarding registration requirements and payment of applicable stamp duty
9. Governing Law and Jurisdiction: Specification of Indian law as governing law and relevant jurisdiction for disputes
1. Partial Release: Used when only part of the mortgaged property is being released while maintaining the mortgage on remaining portions
2. Surviving Covenants: Include when certain obligations or warranties need to survive the release
3. Bank's Authorization: Required when the releasing party is a bank, including specific board resolution or authority details
4. Power of Attorney: Include when the release is being executed through an authorized representative
5. Indemnification: Optional protection clause for cases involving complex release circumstances
6. No Pending Litigation: Declaration that there are no pending legal proceedings relating to the mortgage
1. Schedule A - Property Description: Detailed description of the mortgaged property being released, including boundaries and measurements
2. Schedule B - Original Mortgage Details: Details of the original mortgage deed including date, registration number, and key terms
3. Schedule C - Payment Details: Details of all payments made towards the mortgage, confirming full satisfaction
4. Appendix 1 - List of Title Documents: Comprehensive list of all property documents being returned to the mortgagor
5. Appendix 2 - Registration Particulars: Details of registration of the original mortgage and other relevant documents
Authors
Banking
Financial Services
Real Estate
Housing Finance
Property Development
Legal Services
Construction
Mortgage Services
Legal
Property Services
Mortgage Operations
Documentation
Compliance
Risk Management
Real Estate Operations
Title Processing
Loan Processing
Legal Documentation
Legal Counsel
Property Lawyer
Mortgage Officer
Bank Manager
Real Estate Manager
Compliance Officer
Property Title Officer
Legal Documentation Specialist
Real Estate Attorney
Banking Operations Manager
Property Registration Officer
Loan Officer
Risk Management Officer
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