Building Societies Act, 1976
Discharge of mortgage. |
84.—(1) Where in relation to unregistered land within the meaning of the Registration of Title Act, 1964 , all moneys intended to be secured by a mortgage or a further charge given to a society have been fully paid or discharged, the society may endorse on or annex to the mortgage or further charge either a reconveyance of the mortgaged property to the then owner of the equity of redemption (or to such persons and to such uses as he may direct) or a receipt under the seal of the society. | |
(2) A receipt under this section shall operate to vacate the mortgage or further charge and shall, without any reconveyance or re-surrender, vest the estate of and in the property comprised in the mortgage or further charge in the person for the time being entitled to the equity of redemption. | ||
(3) (a) Where a mortgage or further charge given to a society has been registered in the Registry of Deeds established by the Registration of Deeds Act, 1707, the Registrar under that Act shall, on production of a receipt under subsection (1), make an entry opposite the entry of the mortgage or charge to the effect that the mortgage or charge is satisfied, and shall grant a certificate (either on the mortgage or charge or separately) to the like effect. | ||
(b) The power conferred on the Minister for Justice by section 35 of the Registry of Deeds (Ireland) Act, 1832, as adapted by the Registry of Deeds (Ireland) Act, 1832 (Adaptation) Order, 1956 (S.I. 281 of 1956), to fix fees shall include power to fix fees to be paid for making the entry and granting the certificate under this subsection, and any moneys received under this subsection shall be paid into the Exchequer. | ||
(4) A certificate under subsection (3) shall be received in evidence in all courts and proceedings without any further proof, and an entry under that subsection shall have the effect of clearing the register or record of the relevant mortgage. | ||
(5) Where in relation to registered land within the meaning of the Registration of Title Act, 1964 , all moneys intended to be secured by a mortgage given to a society have been fully paid or discharged, the society may issue to the registered owner of the estate a receipt under the seal of the society, which shall, for the purposes of section 65 of that Act, be sufficient proof of the satisfaction of the mortgage. |