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Discharge of Mortgage NSW: What It Is and How It Works

If you are selling a property with a mortgage, refinancing, or have paid off your home loan, you need a discharge of mortgage. Here is what it is, when it happens, what it costs, and how your conveyancer manages it.

What is a discharge of mortgage?

A discharge of mortgage is the legal removal of a lender's registered mortgage from a property title in NSW. When you take out a home loan, the lender registers a mortgage over the property as security under the Real Property Act 1900 (NSW). That registration appears on the title and gives the lender rights over the property while the loan exists.

Once the loan is repaid, the lender must release their interest. This is done by registering a Discharge of Mortgage with NSW Land Registry Services (NSW LRS). The discharge removes the encumbrance from the title, leaving it unencumbered by that lender.

In NSW, nearly all residential property settlements now use PEXA (Property Exchange Australia), the national electronic lodgement platform. In PEXA, the discharge is lodged electronically at settlement, simultaneously with the transfer of title to the buyer (in a sale) or the new lender's mortgage (in a refinance).

When does a mortgage discharge happen?

On sale of the property

In a property sale, the discharge happens at settlement. Your conveyancer books settlement through PEXA, and your lender's mortgagee practitioner joins the same settlement workspace. At the agreed settlement time:

  1. The buyer's funds transfer electronically to your account (net of the mortgage payout and conveyancing costs)
  2. Your existing mortgage is discharged from the title
  3. The transfer of title to the buyer is registered with NSW LRS

All three steps happen simultaneously in the PEXA settlement. You cannot discharge the mortgage before settlement and sell the property separately in an electronic settlement environment.

On refinancing

When you refinance, your new lender's funds pay out the existing loan at settlement. At the same moment:

  • Your old lender's mortgage is discharged
  • Your new lender's mortgage is registered on the title

Your conveyancer or solicitor coordinates both transactions through PEXA. The net effect: the title shows the new lender's mortgage and no trace of the old one.

After paying off the loan while keeping the property

If you repay your mortgage in full without selling, many lenders do not automatically discharge the mortgage from the title. You should request a discharge authority from your lender. Once the authority is issued, a conveyancer can register the discharge with NSW LRS. Until registered, the mortgage technically remains on the title even though the loan is repaid.

How much does a mortgage discharge cost in NSW?

Cost component Amount Paid to
Lender discharge fee $250 to $500 (varies by lender) Your bank or lender
NSW LRS discharge registration fee See NSW LRS fee schedule NSW Land Registry Services
Conveyancer coordination fee Usually included in standard conveyancing fee Your conveyancer

Source for registration fee: NSW Land Registry Services fee schedule (current 2026-27 fee schedule). Check your mortgage documents or contact your lender for their specific discharge fee, as it can range from $0 (some lenders do not charge) to over $500.

How long does a mortgage discharge take?

The electronic discharge itself is instantaneous at settlement through PEXA. The lead time is the constraint: you or your conveyancer must notify your lender and obtain a discharge authority before settlement can be booked. Most lenders require 5 to 15 business days to prepare and participate in an electronic settlement. Some lenders (particularly smaller lenders or credit unions) can take longer.

Your conveyancer will contact your lender as soon as a settlement date is confirmed. If the contract specifies a short settlement period (e.g. 21 days), early notification of the lender is important to avoid delays.

What your conveyancer does

Coordinating the mortgage discharge is a standard part of the conveyancing process for sellers and refinancers. Your conveyancer will:

  • Notify your lender of the settlement date and request discharge authority
  • Confirm the payout figure (the amount needed to repay the loan in full)
  • Set up the PEXA settlement workspace and invite the lender's mortgagee practitioner
  • Coordinate with the buyer's conveyancer (on a sale) or new lender (on refinancing) to synchronise the settlement
  • Confirm settlement completion and that the discharge is registered

Scenarios: discharge of mortgage in different situations

Situation What happens to the mortgage? Who initiates discharge?
Selling property with mortgage Discharged at settlement from proceeds Your conveyancer notifies lender
Refinancing with a new lender Old mortgage discharged, new mortgage registered at same settlement Your conveyancer and new lender's solicitor
Selling with no mortgage (unencumbered) No discharge needed n/a
Paying off loan while keeping property Discharge not automatic -- must be requested and registered You contact lender; conveyancer registers
Deceased estate sale with mortgage Discharged at settlement from proceeds; executor deals with lender Estate solicitor or conveyancer notifies lender

Common questions

Can I sell before the mortgage is discharged?

In practice, yes -- settlement handles it. The mortgage does not need to be discharged before you sign a contract for sale. The discharge happens at settlement. As long as your lender participates in PEXA settlement (which almost all major lenders do), the discharge and the title transfer happen simultaneously on the agreed settlement date.

What if I have two mortgages on the property?

If two mortgages are registered on the title (e.g. a first and second mortgage, or a loan and a line of credit), both must be discharged at settlement. Each discharge attracts a separate NSW LRS registration fee (see the current LRS fee schedule). Your conveyancer will coordinate with both lenders.

What if settlement is delayed after the discharge authority is issued?

Discharge authorities from lenders typically expire after 30 to 90 days. If settlement is delayed beyond the authority's validity period, a new authority must be issued (which may involve updated payout figures and additional fees from the lender). Your conveyancer will manage this if it happens.

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Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.