Part 3Dealings in estates and interests in land
Mortgages
105Court may order mortgage to be discharged if mortgagee's remedies barred by Limitation Act 2010
The court may, on application by the registered owner of an estate or interest in land that is subject to a registered mortgage, order that the mortgage is discharged if the court is satisfied that—
- a proceeding by the mortgagee for payment of money secured by the mortgage is barred by the Limitation Act 2010 or any other enactment; and
- except for an application under subpart 1 of Part 4, any other proceeding by the mortgagee for a remedy in respect of the mortgaged land would also be barred by the Limitation Act 2010 or any other enactment.
The Registrar must register the order discharging the mortgage on lodgement of a sealed copy of the order.
The mortgage is discharged on registration of the order.
The court may direct that—
- public notice of an application be given under this section:
- notice of the application be served on any person the court specifies.


