LA Partial Release of Mortgage 1

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  • Louisiana
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LA Partial Release of Mortgage 1

Form Document
09/20/2005
V 1

(Common Form)

State of _______________________}

}

Parish[or county] of __________________}

Personally before me, the undersigned authority, a Notary Public in and for the Parish [or county] of ___________, State of __________, there came and appeared ____________,

of full age of majority and a resident of _____________, State of _________, who exhibited to me, Notary, as fully paid, cancelled and acquitted, a promissory note drawn and subscribed by _________________________________, to the order of and endorsed by __________________, for the sum of ___________________ dollars, dated the ________________ day of ___________, 20_______, identified by ______________,

Notary, on the ______________ day of __________, 20________, with an Act of

_______________, passed before him on said date and secured by mortgage granted in said Act upon the property more fully described in said Act.

[If a portion, represented by a note, of the mortgage indebtedness has been paid, and a partial release is to be granted as to all of the mortgaged property, continue]

And the said appearer declared, that the said described note having been fully paid, he does hereby, as the last holder thereof, release the above recited mortgage so far as securing the payment of said note only, but no further, hereby authorizing and requesting the Recorder of Mortgages [or outside New Orleans, Clerk of Court and Ex-Officio Recorder of Mortgages] for the Parish of __________, State of Louisiana, to make mention of the partial release of mortgage herein granted as aforesaid, on the margin of the record of said mortgage in his office, in Book ________, Folio _________.

Whereupon, I, the said Notary, have cancelled the signatures and notarial paraph on the said note and have annexed said note to the margin hereof for future reference.

Thus done and passed at __________, State of __________, on the _______ day of

_______ in the presence of __________ and _________, the undersigned competent witnesses, who have signed hereto with the said appearer and with me, Notary, after due reading of the whole.

Witnesses:

___________________________________

___________________________________

___________________________________

Appearer

___________________________________

Notary Public

[If a portion of the note evidencing the mortgage indebtedness has been paid, omit the words "as fully paid, cancelled and acquitted" and substitute at the appropriate place the following]

"And the said appearer declared, that the sum of _____________ dollars having been paid on the principal of the above described note, he does hereby, as last holder thereof, release the above recited mortgage so far as securing the payment of said amount thus paid only, but no further, hereby authorizing and requesting the Recorder of Mortgages (or Clerk of Court and Ex-Officio Recorder of Mortgages) for the Parish of ________,

State of Louisiana, to make mention of the partial release of mortgage herein granted as aforesaid, on the margin of the record of said mortgage, in his office, in Book ________,

Folio _________.

"Whereupon, I, the said Notary, have paraphed said note for identification with this Act of Partial Release, and have delivered same to said appearer, who hereby acknowledges receipt thereof."

[If only a portion of the mortgaged property is to be released, omit the words "as fully paid, cancelled and acquitted," if there has been only a payment on account of the mortgage note, and substitute, at the appropriate place, the following]

"And the said appearer declared that the sum of __________ dollars having been paid on account of said note (or, if an entire note has been paid, say ?the said described note having been paid'), he does hereby, as last holder thereof, release the above recited mortgage so far as same bears upon the following described property, to wit:

[Insert description of property to be released from mortgage]

but no further, hereby authorizing and requesting the Recorder of Mortgages (or Clerk of Court and Ex-Officio Recorder of Mortgages) for the Parish of ____________, State of Louisiana, to make mention of the partial release of mortgage herein granted as aforesaid, on the margin of the record of the said mortgage in his office, in Book ___________,

Folio ___________."

[If the note has been only partly paid, the following clause should be added and the note paraphed as above indicated]

"Whereupon, I, the said Notary, have paraphed said note for identification with this Act of Partial Release and have delivered same to said appearer, who hereby acknowledges receipt thereof."

[In this case the form of paraph to be written across the face of the note by the notary is as follows]

Ne Varietur-For identification with an Act of Partial Release of Mortgage passed before me this ________ day of ___________, 20_______, at ______________, State of

________________.

__________________________________

Notary Public

No guidelines are available for this form at this time.