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Release of Lien

What is a Release of Lien?

Once you have paid off a note secured by a deed of trust (a mortgage) against real property, you must record a document called a "release of lien" in the County Clerk’s records of the Texas county where the land is located.  The holder of your note (the lienholder) should supply you with its signed and notarized release of lien after you payoff the note.

What are some common issues related to a Release of Lien?

But you must record the release in the County Clerk’s official public records for real property as soon as you receive it.  If you to fail to record this very important document, a title company when undertaking a search of the public records for your property will prepare its commitment for title insurance (or commitment, or title report) and list the deed of trust lien as a valid and enforceable lien against your land because it never located a recorded release of lien.  So far as a title examiner is concerned, if they can’t see a copy of a recorded document in the official public records for real property, it doesn’t exist.  So record your release of lien promptly! And by the way, real estate documents cannot be recorded in the County Clerk’s satellite offices located throughout Harris County.  Real estate documents may only be recorded in the Harris County Clerk’s main office located in downtown Houston.

In the event you need a release of lien prepared, either because your lender did not prepare one or if you are the lender and need to provide one, I assist clients by drafting and recording releases of liens.

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