Section 21: Discharge in notarial deeds
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
21. Discharge in notarial deeds
(1) Every notary who draws up a notarial deed of acquittance of any
privileged or mortgaged claim inscribed in the books of the Conservator of
Mortgages shall insert in the deed a clause giving, to the extent of the
amount paid, a discharge of the inscribed privilege or mortgage indicating the
date, the volume and the number of such inscribed privilege or mortgage.
(2) Every notary before whom a notarial deed is executed containing a
clause giving a discharge of any inscribed privilege or mortgage shall, within
8 days from the date of registration, cause a certified copy of the deed of
erasure to be deposited with the Conservator of Mortgages, in conformity with
the terms of the discharge.
[S. 21 amended by s. 4 of Act No. 16 of 2009 w.e.f. 7 December 2009; s. 22 (b) of
Act 4 of 2017 w.e.f. 20 May 2017.]
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Questions this section answers
- How does a notary record that a mortgage has been paid off?
- How long does a notary have to register the discharge of a mortgage?