90Recorder may facilitate discharge of mortgage in certain cases

90 Recorder may facilitate discharge of mortgage in certain cases

(1)  [Section 90 Subsection (1) amended by No. 23 of 2021, s. 77, Applied:01 Jan 2022] The Recorder, on proof to the Recorder’s satisfaction that all money secured by a registered mortgage has been paid, may record on the relevant folio of the Register or registered dealing that the mortgage is discharged, and upon that recording the mortgaged estate or interest ceases to be charged with any money secured by the mortgage.

(2)  [Section 90 Subsection (2) amended by No. 23 of 2021, s. 77, Applied:01 Jan 2022] In any of the cases mentioned in subsection (3) , the Recorder may, if the Recorder considers that there is sufficient cause for so doing –

(a) [Section 90 Subsection (2) amended by No. 23 of 2021, s. 77, Applied:01 Jan 2022] on proof to the Recorder’s satisfaction of the amount of the debt owing under a registered mortgage, direct that amount to be paid to the Treasurer; and

(b) [Section 90 Subsection (2) amended by No. 23 of 2021, s. 77, Applied:01 Jan 2022] [Section 90 Subsection (2) amended by No. 23 of 2021, s. 77, Applied:01 Jan 2022] on production to the Recorder of the receipt of the Treasurer for that amount, proceed as if the Recorder had been satisfied, under subsection (1) , that all money secured by that mortgage had been paid.

(3)  The cases in which the Recorder may act under subsection (2) are –

(a) when –

(i) a person who is entitled to receive payment of money secured by a mortgage –

(A) is out of the State;

(B) cannot be found; or

(C) is unknown; or

(ii) it is uncertain who is entitled to receive payment of money secured by a mortgage; and