90DADetermination or variation of leases, incumbrances, &c.

### 90DA Determination or variation of leases, incumbrances, &c. > *\[Section 90DA Inserted by No. 47 of 1966, s. 16 \]* > > > (1)  The Recorder of Titles may, on proof to his satisfaction – > > > > > > (a) that all moneys secured by a mortgage, rent-charge, or other incumbrance have been paid; or > > > > > > > (b) that an estate or interest in land has been determined, varied, or defeated (either wholly or partially) – > > > > cause to be registered under the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) such memorial as may, in his opinion, be appropriate to the case. > > > (2)  A memorial under this section may be expressed – > > > > > > (a) to discharge any mortgage, rent-charge, or other incumbrance to which it relates; > > > > > > > (b) to determine, vary, or defeat (either wholly or partially) the estate or interest to which it relates; and > > > > > > > (c) to convey an estate or interest specified therein to a person named therein – > > > > or to do any one or more of those things and, when registered, is as valid and effectual to accomplish the objects expressed therein as if it were the most effectual instrument to do so executed by all proper parties. > > > (3)  In any of the cases mentioned in [subsection (4)](#GS90DA@Gs4@EN) the Recorder may, if he considers that there is sufficient cause for so doing – > > > > > > (a) upon proof to his satisfaction of the amount of the debt owing under any mortgage, direct that amount to be paid to the Treasurer; and > > > > > > > (b) upon production to him of the receipt of the Treasurer for that amount – > > > > proceed as if he had been satisfied, under [paragraph (a)](#GS90DA@Gs1@Hpa@EN) of [subsection (1)](#GS90DA@Gs1@EN) , that all moneys secured by that mortgage had been paid. > > > (4)  The cases in which the Recorder may act under the authority of [subsection (3)](#GS90DA@Gs3@EN) are – > > > > > > (a) when a person who is entitled to receive payment of any money secured by a mortgage – > > > > > > > > > > (i) is out of the State; > > > > > > > > > > > (ii) cannot be found; or > > > > > > > > > > > (iii) is unknown – > > > > > > > > or it is uncertain who is so entitled; and > > > > > > > (b) when the mortgagee or one of several mortgagees is dead, and there is no person within the State who is presently entitled to reconvey the mortgage. > > > (5)  Between the person who is liable to pay money by reason of a mortgage or other interest affected by the registration of a memorial pursuant to this section and the person who is entitled to be paid it, any amount in fact outstanding at the time of the registration under this section of a memorial relating to that mortgage or other interest shall be deemed to be a specialty debt created by the instrument under which, but for the operation of this section, it would be payable. > > > (6)  The Recorder may, if he thinks fit, hold an inquiry in order to satisfy himself as to any fact or matter of which he may require proof for the purposes of this section, and may make such order as to the costs of any person attending such an inquiry as he thinks fit. > > > (7)  An order as to costs made under [subsection (6)](#GS90DA@Gs6@EN) may be registered in the Court and thereupon is enforceable as if it were a judgment of the Court.