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Partial Lien Release Mortgage

Partial Lien Release Mortgage Template for Philippines

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Key Requirements PROMPT example:

Partial Lien Release Mortgage

"I need a Partial Lien Release Mortgage document under Philippine law for releasing a 500-square-meter portion of mortgaged commercial property in Manila, where the original mortgage is held by ABC Banking Corporation and the released portion will be sold to a retail developer."

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Document background
The Partial Lien Release Mortgage document is essential in situations where a property owner seeks to release a portion of mortgaged property while maintaining the existing mortgage on the remaining portion. This document type is commonly used in the Philippines when subdividing property, selling portions of mortgaged land, or restructuring real estate holdings. It must comply with Philippine property laws, including the Civil Code and Property Registration Decree, and requires registration with the Land Registration Authority. The document specifies the exact portion being released, confirms the continuing security on the remaining property, and includes all necessary legal requirements for proper recording and enforcement under Philippine jurisdiction. It's particularly relevant in development projects, property subdivisions, and partial property sales where the original mortgage needs to remain intact on the unreleased portion.
Suggested Sections

1. Parties: Identification of the Mortgagor (property owner), Mortgagee (lender), and any other relevant parties

2. Background: Details of the original mortgage agreement, including date of execution, registration details, and current status

3. Definitions: Key terms used in the document, including 'Released Property', 'Remaining Property', and 'Original Mortgage'

4. Property Description: Detailed description of both the portion being released and the portion remaining under mortgage

5. Release Declaration: Formal statement of partial release, specifying the portion being released from the mortgage

6. Continuing Security: Confirmation that the mortgage remains in full force for the remaining property

7. Consideration: Details of any payment or consideration for the partial release

8. Representations and Warranties: Statements confirming the authority to execute the release and validity of remaining security

9. Registration and Recording: Requirements and procedures for recording the partial release with relevant authorities

10. Governing Law: Specification of Philippine law as governing law and relevant jurisdiction

Optional Sections

1. Consent of Junior Lienholders: Required when there are other lienholders who need to consent to the partial release

2. Payment Terms: Include when the partial release is conditional upon specific payment arrangements

3. Tax Provisions: Include when there are specific tax implications or requirements related to the partial release

4. Insurance Adjustment: Required when insurance coverage needs to be modified due to the partial release

5. Environmental Matters: Include when environmental assessments or warranties are required for the released portion

Suggested Schedules

1. Schedule A - Released Property Description: Detailed technical description and survey of the portion being released from the mortgage

2. Schedule B - Remaining Property Description: Detailed technical description and survey of the property remaining under mortgage

3. Schedule C - Original Mortgage: Copy or extract of the original mortgage agreement

4. Schedule D - Property Plans: Survey plans showing the division between released and remaining property

5. Appendix 1 - Required Consents: Copies of consents from relevant parties (if applicable)

6. Appendix 2 - Title Documents: Relevant title documents and certified true copies of property records

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Relevant Industries

Banking & Finance

Real Estate

Construction & Development

Legal Services

Insurance

Property Management

Government & Public Sector

Mortgage Services

Relevant Teams

Legal

Real Estate

Mortgage Operations

Compliance

Risk Management

Property Services

Loan Administration

Title Processing

Document Management

Banking Operations

Relevant Roles

Real Estate Attorney

Property Manager

Mortgage Officer

Bank Manager

Real Estate Developer

Title Officer

Compliance Officer

Legal Counsel

Property Surveyor

Real Estate Broker

Loan Officer

Risk Manager

Real Estate Paralegal

Banking Operations Manager

Industries





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