Land Transfer Act 2017

Dealings in estates and interests in land - Mortgages

104: Discharge of mortgage

You could also call this:

"What happens when a mortgage is paid off and removed from a property"

Illustration for Land Transfer Act 2017

You need to use a mortgage discharge instrument to discharge a registered mortgage. When this instrument is registered, the estate or interest is no longer subject to the mortgage. You can find more information by comparing this to the relevant section. To discharge a mortgage, the mortgage discharge instrument must be executed by the mortgagee and contain the prescribed information. The mortgagee is the person or organisation that lent the money. The prescribed information is the information that the law says must be included. If the mortgage is subject to a submortgage, you cannot register a mortgage discharge instrument. This means you cannot discharge the mortgage until the submortgage is dealt with.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731247.

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Part 3Dealings in estates and interests in land
Mortgages

104Discharge of mortgage

  1. A mortgage discharge instrument must be used in order to discharge a registered mortgage.

  2. The estate or interest identified in the instrument ceases to be subject to the mortgage on registration of a mortgage discharge instrument.

  3. A mortgage discharge instrument must—

  4. be executed by the mortgagee; and
    1. contain the prescribed information.
      1. A mortgage discharge instrument cannot be registered if the mortgage is subject to a submortgage.

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