defeasance clause

Advanced 🏠 Real Estate

Definition

A mortgage provision stating that the lender's title interest terminates once the loan is fully repaid. It's the legal version of 'when you pay me back, I promise to stop owning part of your house.'

Example Usage

Thanks to the defeasance clause, the bank released the lien immediately after our final mortgage payment cleared.

Origin

From Old French 'desfaire' meaning 'to undo,' established in medieval English property law

Fun Fact

In title theory states, the lender actually holds legal title to your property until the defeasance clause is triggered by full repayment.

Source: American Bar Association real property law documentation

Related Terms

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