The Mortgage Lien Release Form is a crucial document in New Zealand's property transaction system, used when a mortgage has been fully paid off or when a lender agrees to release their security interest in a property. This document, governed by the Land Transfer Act 2017 and associated regulations, provides legal evidence that the mortgage has been discharged and the property is free from the lender's claim. It must be properly executed and registered with Land Information New Zealand (LINZ) to be effective. The form includes essential details such as the property's legal description, the original mortgage reference, and the parties' details. It's commonly used in property sales, refinancing situations, or when a mortgage has been fully paid off through regular payments.
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1. Title and Date: Official title 'Discharge of Mortgage' and date of execution
2. Instrument Details: Reference number of the mortgage being discharged and its registration date in the Land Register
3. Land Details: Legal description of the property including title reference, lot number, and registered proprietors
4. Mortgagee Details: Full legal name and details of the lending institution releasing the mortgage
5. Mortgagor Details: Full legal name and details of the property owner(s)
6. Discharge Declaration: Formal statement declaring the full discharge of the mortgage and release of the security interest
7. Execution Block: Space for authorized signature(s) of the mortgagee, including any witness requirements
1. Partial Discharge Statement: Only required when releasing a mortgage from part of a property while retaining the mortgage over other parts
2. Attorney Execution: Required when the discharge is being executed by a power of attorney
3. Corporate Execution: Alternative execution block format required when the mortgagee is a corporation rather than an individual
4. Consent of Subsequent Mortgagee: Required when there are subsequent mortgages and their consent is needed for the discharge
1. Property Schedule: Detailed legal description of the property/properties being released, required only for complex property descriptions or multiple properties
2. Plan Reference: Survey plan or diagram showing the specific part of the property being released, required only for partial discharges
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