DIscharge included in the mortgage

Where the discharge is included in or endorsed on the original mortgage and is drawn in short form:

  • check the registration copy is of the discharge only
  • check the Book and No. of the mortgage and the appropriate parties
  • write 'Discharge' above the Registered seal.

Tenancy not disclosed

Where the mortgage:

  • does not clearly state the tenancy of the mortgagees, joint tenancy is presumed
  • contains a joint account clause, joint tenency is assumed or
  • doscloses that the advance was made in shares, tenants in common in those shares is assumed.