A mortgage over registered land which has been discharged will be deleted from the charges register of the title and does not concern the buyer1.
In the case of unregistered land, discharged legal mortgages should be abstracted by the seller and checked by the buyer's solicitor to ensure that the discharge was validly effected. Discharged equitable mortgages will not normally be abstracted and once discharged no longer affect the title.
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A mortgage over registered land which has been discharged will be deleted from the charges register of the title and does not concern the buyer1.
In the case of unregistered land, discharged legal mortgages should be abstracted by the seller and checked by the buyer's solicitor to ensure that the discharge was validly effected. Discharged equitable mortgages will not normally be abstracted and once discharged no longer affect the title.
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