Which of the following is NOT a requirement for a release of mortgage?

Prepare for the Delaware Property Law Exam with our comprehensive study guide featuring flashcards and multiple choice questions. Each question includes hints and explanations to aid your learning. Get ready for success!

A release of mortgage is a legal document that indicates that a mortgage has been satisfied and the lender relinquishes any claim to the property. Several formalities must be observed for the release to be valid and enforceable.

The signing of the release is essential, as it demonstrates that the lender agrees to the discharge of the mortgage obligations. This reflects the lender’s intent to release the borrower from the mortgage, making it a requisite step in the process.

Sealing a document has traditionally been a part of formalizing legal agreements. While not as common in modern practice, particularly in Delaware where the focus is on recording and acknowledgment, it can still serve to provide additional legitimacy to the document.

Recording the release is crucial because it updates the public record regarding the property. This ensures that future purchasers or lenders can see that the mortgage has been satisfied, thus clearing the title.

Notarization can serve to validate the signatures on legal documents; however, it is not an absolute requirement in Delaware for a release of mortgage to be effective. As long as the document is signed and the necessary public recording is undertaken, the release can be valid even without notarization. This is why notarization is not a definitive requirement for the release of a mortgage.

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