Land Transfer Act 2017

Dealings in estates and interests in land - Mortgages

106: Discharge of mortgage securing annuity or rentcharge

You could also call this:

"How to end a mortgage that secures an annuity or rentcharge"

Illustration for Land Transfer Act 2017

You can get a mortgage discharged if it secures an annuity and you pay all owed money. The Registrar checks if the person getting the annuity has died or the annuity has stopped as per the mortgage agreement. You can also get a mortgage discharged if it secures a rentcharge and you pay all owed money, and the rentcharge is no longer payable as per the agreement, you can check s 113 for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731249.

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"Court can remove mortgage if lender's time to act has run out"


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107: Interpretation, or

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Part 3Dealings in estates and interests in land
Mortgages

106Discharge of mortgage securing annuity or rentcharge

  1. The Registrar must register the discharge of a mortgage that secures the payment of an annuity if the Registrar is satisfied that all arrears owing under the mortgage have been paid, satisfied, or discharged, and—

  2. the annuitant has died; or
    1. the annuity has ceased in accordance with the terms of the mortgage instrument.
      1. The Registrar must register the discharge of a mortgage that secures a rentcharge if the Registrar is satisfied that—

      2. the rentcharge has ceased to be payable in accordance with the terms of the mortgage instrument; and
        1. all arrears owing under the mortgage have been paid, satisfied, or discharged.
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