A discharge (mainlevée) is the act by which a creditor releases their debtor from a hypothec, allowing the registry inscription to be radiated. It's the essential step for a property sale to proceed free of a prior hypothec.
Distinguish discharge from radiation: discharge (mainlevée) is the creditor's legal act (their declaration that the debt is extinguished), while radiation is the administrative entry in the registry that removes the hypothec as an active charge. The two terms are often used together.
At a real-estate closing, the notary must obtain the discharge from the previous owner's hypothecary creditor before transferring clear title to the buyer. An undischarged hypothec at signing can block the buyer's financing.
In a Land Registry search, identifying residual hypothecs (registered but not radiated) is essential for diligence. Tablix Foncier (in development) will automatically flag these residual inscriptions in its extraction.
Official source
Quebec.ca — Registre foncierWorking with these concepts daily?
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