Discharge Authority - one mortgagee details unknown

[nathanyoung]

Hi All,

Can someone point me to the legislative/regulations requirements for Discharge Authorities?

I have clients who have a private mortgage over their daughter's property. Due to family law separation and orders, the mortgage needs to be discharged but they don't have contact details for the former son-in-law. 

Is a discharge authority required before a Discharge can be lodged in this case?

Thanks,

Nathan

[IsaacK]

Hi @nathanyoung 

Other than the Transfer of Land Act that you can review (https://www.legislation.vic.gov.au/in-force/acts/transfer-land-act-1958/), another document you can check is Land Victoria's comprehensive guide on a Discharge of Mortgage or Charge (https://www.land.vic.gov.au/land-registration/fees-guides-and-forms) - you will need to scroll down to find it on this page.

Regards,

Isaac