Delaware County Partial Release of Mortgage (Entity) Form

When the lender that holds an Ohio mortgage is a company rather than a person, the partial release that frees one parcel from that mortgage is signed by someone who is not the mortgagee at all: an officer, manager, or partner acting for the entity. This form prepares an Ohio partial release of mortgage by separate instrument under Section 5301.32 of the Revised Code for a mortgagee that is a corporation, limited liability company, partnership, or other organization, executed on its behalf by one authorized representative.

The mortgagee is named twice, the signer once

An entity cannot hold a pen, so the instrument makes clear both which organization is giving up part of its lien and which individual speaks for it. Section 1 identifies the entity by its exact legal name, type of entity, state of organization, and mailing address, and states as fixed text that the entity holds the mortgage and acts through the representative who signs. The signature block repeats the entity's name above the signature, then carries the representative's printed name, date, and title. That arrangement answers a quiet warning in Section 5301.29, which treats a release signed by an agent with no evidence of authority of record, or executed for a corporation by officers without the corporation's name, as a defect the record cures only after twenty-one years.

One certificate, written for the entity's kind

Ohio prints separate statutory short forms of acknowledgment for a corporation, a limited liability company, and a partnership in Section 147.55(B), (C), and (D), and each opens with the same sentence. The certificate on this form prints that common opening and leaves a two-line by-line for the rest, so the notary completes it with the wording that fits the signer: an officer on behalf of the corporation, a member or manager on behalf of the company, or a partner on behalf of the partnership. The guide sets out each statutory sentence verbatim.

A lien that lets go of one lot and holds the rest

A construction lender whose mortgage blankets a subdivision reaches a familiar moment when the borrower sells one lot: that lot needs to go free of the mortgage while the lender keeps its security on everything else. The operative paragraph releases and discharges the described parcel from the lien and operation of the mortgage and nothing more; the paragraph after it states that the mortgage remains in full force on the land not released, that the debt is untouched, and that the document is not the certificate of full satisfaction Section 5301.34 describes. A separate section identifies each recorded assignment through which the entity came to hold the mortgage.

What this configuration is and is not set up as

The form recites exactly one mortgagee, an entity signing through one authorized representative, with one signature block headed MORTGAGEE, by its authorized representative, and one acknowledgment certificate. A bank organized as a corporation, a mortgage company organized as a limited liability company, and a lending partnership each present the pattern this instrument recites. The form is not set up as a release by a natural person holding the mortgage in that person's own name, by two or more holders, by a trustee for a trust, by an attorney-in-fact, or by a deceased mortgagee's personal representative; each is a different signing capacity with a different certificate. The authority behind the signer's title rests on the entity's own governing documents, which the form neither reproduces nor verifies.

Recording a release, not a deed

A partial release conveys no title, so it skips the county auditor: no transfer stamp, no conveyance fee statement, no Section 317.22 endorsement. It goes to the county recorder of the county where the released land lies, at the fee Section 317.32 sets for deeds, thirty-four dollars for the first two pages and eight dollars for each page after that before any county surcharge or marginal reference fee. Section 5301.46 asks a release by separate instrument to carry the permanent parcel number and the subdivision, lot, and municipal corporation or township, and the property section has a line for each.

The package includes the fillable partial release form, a completed example filled in for a limited liability company lender releasing one subdivision lot in Hamilton County, and the guide that walks through each section, the entity acknowledgment forms, and the recording rules. The description and the guide explain the form and the Ohio statutes that govern it in general terms only; neither is legal advice.