31ADischarge of mortgages by endorsements

31A Discharge of mortgages by endorsements

[Section 31A Inserted by No. 27 of 1988, s. 4 ]

(1)  Mortgage money secured by a mortgage made before or after the commencement of the Conveyancing and Law of Property Amendment Act 1988 may be discharged by a memorandum endorsed on, or directed to be read as an annex to, the mortgage, signed by the mortgagee, and attested by a witness.

(2)  A memorandum referred to in subsection (1) –

(a) may be in, or to the effect of, the form given in Part IV of Schedule 1 ; and

(b) has effect as a deed.

(3)  A memorandum referred to in subsection (1) , unless a contrary intention is stated –

(a) discharges the property to which it is expressed to relate from all principal money and interest secured by, and from all claims under, the mortgage to which it is expressed to relate; and

(b) operates so as to convey the estate and interest of the mortgagee in that mortgaged property to the person for the time being entitled to the equity of redemption in that property.

(4)  Where, by virtue of subsection (3) , the estate and interest of the mortgagee is conveyed to 2 or more persons, those persons shall, unless a contrary intention appears in the memorandum referred to in subsection (1) , hold that estate and interest in the same manner and, if appropriate, in the same shares as they held the equity of redemption immediately before the discharge.

(5)  Where the mortgage consists of a mortgage and a further charge of more than one instrument, it is sufficient compliance with this section if a memorandum referred to in subsection (1) refers to –

(a) all the instruments by virtue of which the total of the mortgage money is secured; or

(b) the total of the mortgage money –

and is endorsed on, or directed to be read as an annex to, one of those instruments.