Who needs to sign the release of mortgage for a private mortgage?

UPDATED: Mar 3, 2012

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Who needs to sign the release of mortgage for a private mortgage?

My brother bought my parents home and they took back a mortgage. My brother is refinancing and he will need a release of mortgage. Both parents were the mortgagee but my father died 4 years ago. Can my mother release the mortgage solely?

Asked on March 3, 2012 under Real Estate Law, Connecticut


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is going to be a refinance of your parents' home, the lender who has the existing loan on your parents' home will need to sign a "full reconveyance" of the loan, not your mother. The release of the mortgage that you are writing about is done at escrow and is signed by the prior lender who gets its loan paid in full due to the refinance that you are writing about.

I recommend that you consult with a real estate attorney to assist you further with any questions that you might have.

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