Application for Interest Discharge - Instructions

Use the Application for Interest Discharge if you want to discharge an existing interest from some or all of the parcels, titles, interests or interest shares that it affects.

Example: Prairie Bank has registered a mortgage against two quarter sections of land, the SW and NW, and so holds two interests as a result. The owners of the land have paid off the mortgage with respect to the NW. The bank now wants to discharge its interest from the NW – this is a “partial discharge” of the mortgage interest. If Prairie Bank wanted to discharge both its interests from the SW and NW quarters, this would be a “full interest discharge.”

Your completed application should include:
  • Packet cover page*
  • Application for Interest Discharge
  • Interest authorization** or
  • Affidavit of Identity for Summary Discharge -
  • Form 2 – Auto-attach***
  • Title Print Request (optional)
  * see the Packet Cover Page Instruction Sheet
 ** see the Interest Authorization Instruction Sheet
*** see the Affidavit of Identity for Summary Discharge – Form 2 – Auto-attach Instruction Sheet

Judgments that auto-attach in the same packet:
Sometimes, a transfer or other application may cause a judgment that is registered in the Judgment Registry to auto-attach because of the registration of that transfer or other application.

NOTE:  To prevent a judgment from auto-attaching to a title because of a prior application in the same packet, see Section A.

Example:
There is a judgment against a Marie Grimard in the Judgment Registry as a result of a judgment issued against her in a civil action. A packet is being submitted to transfer the title to a parcel of land to a Marie Grimard who lives in Humboldt. As a result of that transfer, the judgment will auto-attach to the new title. However, the new owner Marie Grimard knows that she is not the same person as the judgment debtor, so she wants to ensure that her new title is issued without the judgment on it.
  • To remove the judgment , include an Application for Interest Discharge after the application that creates the title that would be affected.
  • The person involved must complete an Affidavit of Identity for Summary Discharge – Form 2 – Auto-attach, which states that he or she is not the debtor or respondent named in the judgment. This affidavit is authorization for the Land Registry to remove a judgment that auto-attaches.
For more information on Judgments and how they can be enforced Consult the Sasklawcourts.ca website.

To complete an interest discharge application, take the following steps:

Step 1: Interest Type

Enter the interest type you wish to discharge.

Step 2: Section A - Discharge of Judgment

Complete this section only if you do not want a judgment to auto-attach because of a prior application in the same packet.

Application sequence number - Enter the application number of the application within this packet that will result in a judgment auto-attaching to a title or interest.

Judgment Registry number – Enter the Judgment Registry number of the judgment that would auto-attach because of the prior application.
  • Use the Affidavit of Identity for Summary Discharge – Form 2 – Auto-attach as authorization for this type of discharge
  • Do not enter an interest number or interest register number in this section

Step 3: Complete Either Section B or Section C, as Required

Complete this section to discharge an interest that is not a judgment that auto-attaches as a result of an application in the same packet.

Section B - Full Discharge
Interest register number – Enter the interest register (IR) number, which you can find on the title print or by doing a search in the land registry. By completing this section, you are requesting the discharge of all the interests currently associated with this IR number.

Section C – Partial Discharge
Interest register number – Enter the interest register (IR) number, which you can find on the title print or by doing a search in the land Registry.

Interest numbers – Enter the individual interest number(s) to be discharged. In this section, you are discharging only some, not all, of the interests associated with the IR number.

Step 4: Application Sequence Number

Enter the number indicating the order of this application in the packet. For example, if it is the second of four applications, enter “2.”