Missing mortgagee

Where the mortgagee or chargee cannot be located s98 Conveyancing Act 1919 provides for a discharge of the mortgage pursuant to an Order of the Supreme Court issued by a Judge in the Equity Division, see s 41(2) Supreme Court Act 1970.

The discharge will be registered upon production of:

  • a letter setting out in brief the circumstances and requesting that the discharge be noted
  • an office copy of the Order of the Court stating the manner in which the discharge is to be effected and
  • the receipt for money paid that has been 'duly acknowledged' before a prescribed functionary in accordance with the terms of the Order of the Court.

All evidence must be copied and filmed with the registration copy.