Notary for Mortgage discharges and releases in Sherbrooke and Magog
A hypothec, lien, or other charge registered at the Land Registry does not automatically disappear when the debt is repaid. It remains on your property title until a notarial act — a discharge (quittance) or a release (mainlevée) — officially removes it. Without such an act, your title remains encumbered, and this can block your next transaction (sale, refinancing, transfer) months later.
At CBNotaire, we regularly prepare discharges and releases to clear your property title and give you a perfectly clean title.
Common situations requiring a discharge or release
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Final repayment of your mortgage at maturity or in advance
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Sale of a property: the discharge lets the buyer receive a title free of charges
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Refinancing with a new lender: discharge from the previous creditor before registering the new one
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Death of a mortgage creditor (e.g., debt owed to a now-deceased parent)
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Termination of an agreement or registered right that no longer applies
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Removal of a construction lien after work has been paid for
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Removal of a servitude or restriction that has become obsolete
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Old charges that resurface during a later transaction
Our process
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File analysis and verification of the charges to be removed at the Land Registry
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Communication with the creditor to obtain the discharge or confirmation of release
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If required, make the payment of the debt (funds must transit through the trust account)
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Drafting of the discharge or release deed
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Signature by the creditor (or its authorized representative)
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Publication of the deed at the Quebec Land Registry
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Confirmation to you that your title is now free of the charge
FAQ: Discharges and Releases
I paid off my mortgage 5 years ago, do I need a discharge now?
Ideally, yes — even if your mortgage has been paid off for a long time, it remains registered at the Land Registry until a discharge is published. This has no practical consequence as long as you do nothing with your property, but as soon as you want to sell, refinance, or transfer, your notary will need to obtain that discharge — sometimes with delays and complications if the institution has changed names, merged, or ceased to exist. Doing the discharge now will save you many headaches later.
How long does it take to get a discharge from my lender?
The timeframe varies significantly by institution. Major banks are generally efficient — expect 2 to 4 weeks, private lenders or some institutions can take longer. To that we add the time it takes the Land Registry to publish the discharge, about 12 weeks. That's why we start the process as soon as we receive your mandate, without waiting.
Do I need a notary for a simple discharge?
Yes. Any registration at the Land Registry — and therefore any discharge or release removing such a registration — must take the form of a notarial act to be publishable. This is a legal requirement.