Discharge of Mortgage (D1)

Section 143 of the Real Property Act 1886 (SA) provides that a mortgage may be wholly or partially discharged by an instrument in the appropriate form executed by the mortgagee. Where there are joint mortgagees, one may sign on behalf of all (s 143(2)), and certification under section 273 by the mortgagee counts as execution (s 143(3)). Form D1 is the Registrar-General's form for simple discharges, prefix DM. Land Services SA's guidance notes say more complex discharges should be prepared in narrative style on Form B2 or B3. Discharges of mortgage are mandated for electronic lodgement, so most are prepared and lodged by the lender through an electronic workspace.

When you need it

• A home loan or other mortgage has been paid out and the lender is releasing the land.
• A lender is releasing one whole title, or a defined part of the land, from a mortgage that covers several titles.
• A paper discharge is needed because the dealing falls within an exemption from electronic lodgement.

1. 1

   Mortgage being discharged

   Show only the number of the mortgage.

2. 2

   Land description

   Say whether the discharge covers the whole land ('Whole of the land in CT Volume ... Folio ...') or a portion identified by plan, such as 'Allotment 4 in DP 42361 being portion of the land in CT Volume ... Folio ...'. For a mortgage of a subsidiary interest, describe it, such as 'Lease 1234567 registered over portion of CT Volume ... Folio ...'.

3. 3

   Mortgagee

   Give the mortgagee's full name and current address. If its name has changed, write '[new name] of [address] registered as [old name] as a consequence of [reason]'.

4. 4

   Operative clause

   Strike through the clause that does not apply: a full discharge of the mortgage, or a discharge of the whole of the land described from the mortgage.

5. 5

   Date and certification

   Date the form and complete the certification on behalf of the mortgagee. When the certifier is the mortgagee, or an employee of a corporate mortgagee, the first two certifications (identity and client authorisation) do not apply.

• Discharges of mortgage executed on or after 3 April 2017 must be lodged electronically through an Electronic Lodgement Network Operator (PEXA or Sympli), unless an exemption applies.
• Exemptions include releasing part of the land in a title, releasing part of the money, a discharge needing the Minister's execution under section 146, a mortgagee that is a deregistered company, and lodging in series with a dealing changing the mortgagee.
• Paper discharges are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide. A registration fee applies; check the current fees page.

• If all the money has been paid but the mortgagee is dead, cannot be found, is incapable or refuses to sign, the Minister may discharge the mortgage under section 146.
• All panels must be completed or struck through, and handwriting must be in permanent black or blue ink.
• Use Form B2 or B3 in narrative style for discharges that do not fit the D1 panels.