Form 57A of the Land Registration Rules is the correct form to use in instances where the registered owner of the charge (the lender) is applying to cancel the charge from a Folio.
As an example, Mr. Smith is the registered owner of the Folio and there is a charge registered in favour of ‘The Bank’ on part three of the Folio. When that charge has been repaid in full, ‘The Bank’ would complete a Form 57A and request that the charge be discharged from the Folio. Mr. Smith cannot lodge a Form 57A in this example as he is not the registered owner of the charge.
To find the name of the registered owner of a charge on your property, you may inspect part three of the folio of concern. The folios and maps of the Register constitute a public record and any person may apply to obtain a copy folio/title plan, on payment of the appropriate fee. You can apply for a plain copy folio for €5 on landdirect.ie.
You may also wish to refer to our practice direction, Cancellation of Burdens, for further information and guidance.
LR Form 57B
Form 57B of the Land Registration Rules may be more appropriate for the Registered Owner of the folio to apply to discharge a charge on the property. Form 57B must be a sworn affidavit and must provide the grounds on which the charge is to be cancelled.
Further Information
A Form 57A may only be used for registered property, i.e. where a folio number exists. Applications to cancel a charge/mortgage which has been registered in the Registry of Deeds follow the Registry of Deeds procedures.
If you decide to lodge an application yourself, where you are the applicant in whose favour the registration will be made, please note that your application must be accompanied by a Personal Applicant Identification Form, in addition to the Application Form 17, all relevant documents and deeds, and the appropriate Fees.