A Discharge of Mortgage instrument is used to remove the recording of the mortgage from a land title.
An electronic Discharge of Mortgage can be lodged where it affects the whole of the land.
An electronic Discharge of Mortgage cannot be used (a paper Discharge of Mortgage form 05DM (PDF 258 KB) may be used) in the following instances:
- where the mortgagee is an individual(s) and not represented by a legal practitioner or licensed conveyancer
- that only affects part of the land in a folio of the Register
- that does not affect all the mortgagees (when there are multiple mortgagees)
- that does not affect all the mortgagors (when there are multiple mortgagors)
- where the mortgage to be discharged is a sub-mortgage, mortgage of lease or mortgage of charge.
To discharge a part of the principal sum the parties must lodge a Variation of Mortgage form 05VM in paper.
An electronic Discharge of Mortgage requires a CoRD Holder Consent. See CoRD Holder Consent requirements to identify which type of consent needs to be provided.
For information to assist with completing a Discharge of mortgage in an ELNO, see ELNO guidance notes for Discharge of mortgage.