If the discharge is a seperate instrument set out in the short form the original mortgage is required. The short form is set out in Schedule 5 Conveyancing Act 1919.
DIscharge of Mortgage
'Memorandum made this ....day of ....between [mortgagor] and [mortgagee] whereby it is acknowledged that the security (as specified) has been discharged.'
If the discharge refers to a particular land area e.g. a specific lot or parcel, establish if teh mortgage is being discharged as regards whole or part.
Attach the discharge to the mortgage and return to the lodging party.
Mortage missing
If the discharge is a seperate instrument set out in the short form and the original mortgage is missing, a statutory declarartion by the mortgagee is required stating:
-
the particulars of the loss or destruction
-
that a full search has failed to locate the document and
-
that the mortgagee has not in any way encumbered, transferred, assigned or otherwise dealt with their interest.
A copy of the evidence must be filmed with the registration copy of the discahrge.
If the discharge refers to a particular land area, e.g. a lot or parcel, establish if the mortgage is being discharged as regards whole or part.