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In This Volume

33 (1) Despite an agreement to the contrary, a mortgagor is entitled to receive from a mortgagee, on written request delivered to the mortgagee,

  • (a) a statement of the amount payable under the mortgage to obtain its discharge, and if appropriate, of the amounts of principal, interest, any other sums payable and any cost of the discharge,
  • (b) a statement of the balance payable under the mortgage on a date stated in the request, with particulars of the amounts of principal remaining unpaid, interest due and accrued and any other sums secured by the mortgage, and
  • (c) if the mortgagor is entitled to a discharge, a discharge of the mortgage executed in a form registrable under the Land Title Act and otherwise a statement in writing of the terms on which the mortgagee will give a discharge, including, if appropriate, particulars of the money payable for principal, interest and any other sums.
  • (2) The mortgagee’s statement must be given free of charge.

1979-340-29.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Form of Discharge

See s. 259 of the Land Title Act in this Manual.

Redemption of Mortgage If Mortgagee Absent

See s. 243 of the Land Title Act in this Manual.

Mortgagee’s Refusal or Neglect to Give Discharge

See s. 244 of the Land Title Act, which gives a mortgagor the right to apply to the Supreme Court for an order to discharge a mortgage where the mortgagee, without just cause, refuses or neglects to give a discharge of mortgage.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 2, para. 539; and chapter 9 (Discharge of a Mortgage) in British Columbia Mortgages Practice Manual, looseleaf and online (CLEBC, 1994).

CASE LAW

Notice of Intention to Pay

A mortgagor who is in default of their obligation to pay the principal balance on the due date stipulated in the mortgage, and from whom a mortgagee has not demanded payment, must give the mortgagee six months’ notice of their intention to pay the mortgage or, in lieu of such notice, six months’ further interest at the date of payment. Although the general rules exist, the court has a discretion in appropriate circumstances to fix a lesser period of notice (Mikulic v. Calvillo, 1986 CanLII 982 (BC SC)).