Discharge of mortgage

ADIS Code - DM

A discharge of mortgage releases the mortgagor from the obligation upon satisfaction of the debt.

A discharge of mortgage operates as a deed of conveyance of the legal estate held by the mortgagee to the holder of the equity of redemption, ie the mortgagor, except where a subsequent subsisting mortgage is registered in which case the legal estate is vested in the mortgagee of that mortgage.

For a discharge of a mortgage:

Evidence is required where a discrepancy exists between the mortgagee stated in or executing the discharge and shown in the original mortgage. The most common instances are:

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 tenancy is assumed or
  • discloses that the advance was made in shares, tenants in common in those shares is assumed.

Lodgment requirements

Stamp duty - Not required.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.

Index Particulars form (completion)

(A) Lodging PartyRegistration insisted upon and include the reason.

(B) Instrument - Mortgage - Discharge of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The registered affected mortgage.

(D) Indexing - The mortgagor deceased estates or trusts, and any variations thereof.

(E) Certification - Required.

Document requirements 

Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.

Name: the full names (initials are acceptable) of the mortgagee is required. Advise the lodging party of any discrepancies in names.

Operative clause:  "... hereby discharges...".

Principal Deed:  required. The number of the affected mortgage as stated in the discharge must be identical to the number stated on the IPF.

Execution:  by the mortgagee. A power of attorney must be registered. The mortgagor does not have to sign. A solicitor cannot sign on behalf of the mortgagee.

Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF: must be completed.

Staff processing information

  • discharged as regards a specific part of the affected land
  • being an unregistered mortgage or
  • as regards less than all of the mortgagors or mortgagees.

A CA may be raised if the discharge of a mortgage:

  • affects Old System land
  • is lodged by a private party and
  • is the only document lodged.

A discharge as regards less than all of the mortgagors or mortgagees must be entered under the General Frame, ie. code "G", with a Noting: "Discharge of mortgage as regards [mortgagor/mortgagee]". Enter the mortgagor as a Vendors entry.  If registered, enter the mortgage as a Principal Deed.

A discharge of an unregistered mortgage must be entered under the General Frame, ie code "G", with a Noting: "Discharge of unregistered mortgage dated ...]". Enter the mortgagor as a Vendors entry.

A discharge of mortgage may be registered in the General Register notwithstanding that a Torrens Title has issued and the mortgage has been discharged thereon. The lodging party may register the discharge to clean up the General Register to facilitate effective searching. 


Locality: nil.

Link Conveyance: nil.

Principal Deed: required. The registered affected Old System mortgage.

Noting: nil.

V: the mortgagor, deceased estates or trusts, and any variations thereof.

P: nil.