---
title: "Discharge of mortgage: registry forms and settlement guide (NSW 05DM, with Vic, Qld, WA and SA versions)"
url: "https://ailawframework.com/precedents/residential-conveyancing-and-property/form-discharge-of-mortgage"
type: "precedent"
site: "AI Law Framework"
id: "a9-form-discharge-of-mortgage"
area_id: "A9"
kind: "form"
ai_level: "yellow"
version: 1
task_ids: ["A9-T1-R8"]
law_stated_as_at: "2026-10-18"
---

# Discharge of mortgage: registry forms and settlement guide (NSW 05DM, with Vic, Qld, WA and SA versions)

> Links to each registry's discharge of mortgage form and instructions, with a guide to who signs, partial discharges, the mortgagee's name on the register, and how the discharge is handled at an electronic settlement.

Canonical page: https://ailawframework.com/precedents/residential-conveyancing-and-property/form-discharge-of-mortgage  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Residential Conveyancing & Property](https://ailawframework.com/precedents/residential-conveyancing-and-property.md)
- Jurisdictions: New South Wales, Victoria, Queensland, Western Australia, South Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at nswlrs.com.au and the 6 authorities it cites, for 5 jurisdictions.

## When to use it

Use when acting for a vendor or refinancing borrower whose mortgage must be discharged at settlement, or for a private (non-bank) mortgagee who must discharge a mortgage it holds.

## Used for these tasks

- [Build the pre-settlement checklist and adjustment worksheet](https://ailawframework.com/practice/residential-conveyancing-and-property/build-the-pre-settlement-checklist-and-adjustment-worksheet.md)

## How AI may be used

AI may check the discharge particulars against the title search and the payout letter and track the discharge steps for settlement; the lawyer or conveyancer checks every particular and the settlement figures in each matter.

**AI may:**

- Check the mortgage number, mortgagee name and land description against the title search and list mismatches
- Compare the payout figure in the discharge authority or payout letter with the settlement statement and flag differences
- Track the discharge request, payout letter and workspace acceptance against the settlement date

**AI must not:**

- Must not sign, certify or lodge the discharge or accept a workspace on anyone's behalf
- Must not change settlement figures or payment directions; payment details are confirmed by voice with a known contact

**The lawyer checks:**

- Mortgagee's name identical to the register, or the change of name supported by evidence
- Whole or partial discharge correctly stated; a reduction of the principal is a variation, not a discharge
- Who signs: the mortgagee, its attorney or authorised officer (NSW: not a solicitor or conveyancer for the mortgagee)
- Payout figure and payment directions verified independently before settlement

## Authorities

- [Real Property Act 1900 (NSW); NSW Registrar General's Guidelines: Discharge of mortgage (form 05DM)](https://rg-guidelines.nswlrs.com.au/land_dealings/dealing_requirements/mortgages/discharge_mortgage)
- [Real Property Act 1900 (NSW)](https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-025)
- [Transfer of Land Act 1958 (Vic) s 84 (discharge of mortgage or charge); Land Use Victoria: Discharge of Mortgage or Charge form and guide](https://www.land.vic.gov.au/land-registration/fees-guides-and-forms)
- [Land Title Act 1994 (Qld); Titles Queensland Form 3 (Release)](https://www.titlesqld.com.au/titles-registry-forms/)
- [Transfer of Land Act 1893 (WA); Landgate Discharge of Mortgage form](https://www.landgate.wa.gov.au/land-and-property/land-transactions-hub/land-transaction-forms/land-titling-and-search-forms/)
- [Real Property Act 1886 (SA); Land Services SA form D1 (Discharge and partial discharge of mortgage)](https://www.landservices.com.au/resources/fees-guides-forms/forms-and-guidance-notes/)

## Official form

[Official form](https://www.nswlrs.com.au/forms-guides/forms)

## Where this comes from

The official form is published by nswlrs.com.au; this page is a completion guide. Last checked on 2026-10-18.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/residential-conveyancing-and-property/form-discharge-of-mortgage and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*