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practical-guides:encumbrance-certificate-old-mortgage-wrong-charge-correction [2026/07/22 17:47] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(EC Still Shows a Discharged Loan? Clear the Old Mortgage Charge)&metatag-description=(EC still shows a repaid home loan as a charge? Get a registered release deed from the bank and a CERSAI satisfaction. Step-by-step India guide.)&metatag-keywords=(Property and Land Records)&metatag-robots=(index,follow)&metatag-og:title=(EC Still Shows a Discharged Loan? Clear the Old Mortgage Charge)&metatag-og:description=(EC still shows a repaid home loan as a charge? Get a registered release deed from the bank and a CERSAI satisfaction. Step-by-step India guide.)&metatag-og:type=(article)}}
 +
 +====== EC Still Shows a Discharged Loan? Clear the Old Mortgage Charge ======
 +
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** EC still shows a repaid home loan as a charge? Get a registered release deed from the bank and a CERSAI satisfaction. Step-by-step India guide.
 +</WRAP>
 +
 +**Reviewed on:** 2026-06-12.
 +
 +{{:practical-guides:encumbrance-certificate-old-mortgage-wrong-charge-correction.webp|EC Shows Old Mortgage or Wrong Charge? Here Is How to Get It Corrected}}
 +
 +You repaid a home loan, the bank returned your title papers and gave a No Objection Certificate (NOC), but a fresh Encumbrance Certificate (EC) still shows the bank as a mortgage charge-holder. Work out which situation is yours and act on the right track.
 +
 +  * **If the loan is repaid but no release deed was registered, then** the bank must execute a release or reconveyance deed and it must be **registered** at the sub-registrar office where the original mortgage was registered. Only a registered release entry clears the charge on the EC.
 +  * **If the bank already registered a release deed recently, then** the EC simply has not picked it up yet. Wait the indexing window and pull a fresh EC.
 +  * **If the mortgage on the EC was never your loan, then** it is a wrong-indexing error, and the route is a correction petition to the sub-registrar, not a release deed.
 +  * **If the EC is clean but a CERSAI charge still shows, then** that is a separate central registry, and the bank must file a satisfaction of charge on CERSAI.
 +
 +A loan closure letter or NOC does **not** clear the EC. The EC mirrors what is registered, so only a registered release deed updates it.
 +
 +===== Why the NOC is not enough =====
 +
 +The EC is an index of registered documents maintained under the Registration Act, 1908. The mortgage was created by a registered deed, a mortgage by deposit of title deeds, an equitable mortgage, or a Memorandum of Deposit of Title Deeds (MODT). It stays on the record as a historical fact until a **registered** release deed appears next to it. The clean outcome you want is both entries showing, the mortgage and its release. The mortgage entry does not vanish; the release entry beside it is what frees the title.
 +
 +===== Track A: get the release deed registered =====
 +
 +  - Pull a fresh EC for the maximum period from your state portal. Note the mortgage entry's document number, year, lender name, and deed type.
 +  - Check whether the bank already has a registered release deed. Ask for its registration number and search it on the state portal. If it was registered in the last few weeks, wait for indexing.
 +  - If no release deed exists, send the bank a written request (template below). The RBI's directions on release of movable and immovable property documents (in force from 1 December 2023) require regulated lenders to release documents and remove charges within **30 days** of full repayment, with compensation of **Rs 5,000 per day** of delay beyond that for cases on or after that date.
 +  - Collect the executed release or reconveyance deed from the bank. On its own this is not enough.
 +  - Register it at the same sub-registrar office that holds the original mortgage. You, the owner, must usually be present. Stamp duty and the registration fee for a release deed are modest compared with a sale deed; check your state's current schedule.
 +  - Pull a fresh EC after the indexing window. It should now show the mortgage and its release together.
 +  - Ask the bank in writing to file the CERSAI satisfaction of charge as well.
 +
 +===== Track B: wrong charge that was never your loan =====
 +
 +  - Get a certified copy of the registered document behind the entry from the sub-registrar, by document number, to see what it actually says.
 +  - If it names a different property, owner or survey number, file a **correction petition** to the sub-registrar with your sale deed, the EC, the certified copy and identity proof.
 +  - Escalate to the District Registrar or Inspector General of Registration if the office does not act. A genuine overlapping claim, rather than a clerical error, may need a civil remedy.
 +
 +===== Written request to the bank =====
 +
 +<code>
 +To,
 +The Branch Manager / Grievance Officer
 +[Bank name and branch]
 +
 +Date: [DD/MM/YYYY]
 +
 +Subject: Registered release deed and CERSAI satisfaction - Loan Account
 +No. [number] - property at [address]
 +
 +Sir/Madam,
 +
 +I fully repaid the above loan on [closure date] and received the closure
 +letter / NOC dated [date]. A fresh Encumbrance Certificate dated [date]
 +for my property still shows your mortgage (document [no.]/[year],
 +registered at [sub-registrar office]) as an active charge.
 +
 +A NOC does not clear the EC. I request you to execute and register a
 +release / reconveyance deed at the [sub-registrar office] within 30 days,
 +in line with the RBI directions on release of property documents, and to
 +confirm in writing that the satisfaction of charge has been filed with
 +CERSAI.
 +
 +Please treat this as a formal grievance. If unresolved within 30 days I
 +will approach the RBI Complaint Management System at cms.rbi.org.in.
 +
 +Enclosures: closure letter / NOC, current EC showing the charge, copy of
 +the mortgage / MODT document if available.
 +
 +Yours faithfully,
 +[Name, loan account number, mobile, email]
 +</code>
 +
 +===== Escalation ladder =====
 +
 +^ Step ^ Use when ^ Where ^
 +| 1 | No release deed registered | Written request to the bank branch and grievance officer, citing the 30-day rule |
 +| 2 | Bank delays or refuses | RBI CMS at [[https://cms.rbi.org.in|cms.rbi.org.in]] under the Integrated Ombudsman Scheme |
 +| 3 | Release deed in hand | Register it at the sub-registrar office holding the original mortgage |
 +| 4 | Wrong indexing, not your loan | Correction petition to the sub-registrar; then District Registrar / IGR |
 +| 5 | Service deficiency, compensation | District Consumer Commission via [[https://e-jagriti.gov.in|e-Daakhil]] |
 +
 +===== Where RTI fits, and where it does not =====
 +
 +A sub-registrar office is a **public authority**, so you can RTI the state registration department for certified copies of the registered mortgage and any release deed, the index page, and the status of a correction petition. **Public-sector banks** (such as SBI, PNB, Bank of Baroda, Canara Bank) are also public authorities, so you can RTI a PSU lender for the date the loan was closed in its records, copies of the discharge or release deed, and whether a CERSAI satisfaction was filed. **Private banks, NBFCs and housing finance companies are not public authorities**, so RTI does not apply to them; for those, use the RBI ombudsman. CERSAI itself does not accept borrower-side charge-satisfaction applications, that must come from the lender. RTI gets you records and speeds a slow office; it cannot order the bank to register a deed, which is the ombudsman, consumer or court route.
 +
 +===== Common mistakes =====
 +
 +  * Treating the NOC or closure letter as if it clears the EC. Only a registered release deed does.
 +  * Expecting the mortgage entry to disappear. The clean EC shows the mortgage and its release together.
 +  * Registering the release deed at the wrong sub-registrar office, so it never reflects in the right EC.
 +  * Forgetting CERSAI. A clean EC does not clear the separate CERSAI charge.
 +  * Filing an RTI against a private bank, which only wastes the 30-day window. Use the RBI ombudsman instead.
 +  * Filing a correction petition for an uncleared mortgage. With no indexing error, it will be refused; you need a release deed.
 +
 +===== FAQ =====
 +
 +==== My loan was repaid years ago but the EC still shows the bank's mortgage. ====
 +Until a registered release or reconveyance deed appears in the record, the mortgage entry stays. Ask the bank to execute and register a release deed at the same sub-registrar office where the mortgage was registered. After indexing, a fresh EC will show the charge as discharged.
 +
 +==== Can the NOC or closure letter replace a registered release deed? ====
 +No. A NOC is a private document. The EC and any fresh lender will still see the mortgage because it was created by registration. Only a registered release, discharge or reconveyance deed removes the encumbrance from the registered history.
 +
 +==== The bank is refusing to execute a release deed. What can I do? ====
 +Send a written grievance to the branch and grievance officer citing the RBI 30-day rule for release of documents. If the delay is the bank's fault, compensation of Rs 5,000 per day can apply for cases on or after 1 December 2023. If unresolved, escalate to the RBI CMS portal. For a PSU bank you can also file an RTI for the records.
 +
 +==== How long after registration does the release reflect in the EC? ====
 +A few working days to a few weeks, depending on the state, while the deed is indexed. Pull a fresh EC after that window and confirm the discharge entry appears.
 +
 +==== What is CERSAI and is fixing the EC enough? ====
 +CERSAI is a separate central registry where lenders record security interests. Clearing the EC at the sub-registrar does not clear CERSAI. The bank must separately file a satisfaction of charge on CERSAI, so ask for that in writing too.
 +
 +==== The EC shows a mortgage that was never my loan. ====
 +That is a wrong-indexing error, not an undischarged mortgage. Get a certified copy of the underlying deed, and if it belongs to a different property or person, file a correction petition with the sub-registrar. A release deed is the wrong tool here.
 +
 +===== Related guides =====
 +
 +  * [[practical-guides:cersai-mortgage-lien-not-removed-home-loan-closure|CERSAI mortgage lien not removed after loan closure]]
 +  * [[practical-guides:encumbrance-certificate-wrong-transaction|EC shows a transaction that is not yours]]
 +  * [[practical-guides:encumbrance-certificate-missing-recent-transaction|EC missing a recent registered deed]]
 +  * [[practical-guides:encumbrance-certificate-unavailable-online|Encumbrance certificate unavailable online]]
 +  * [[practical-guides:start|Practical Guides hub]]
 +  * [[file-rti-online-india|How to file RTI online]]
 +
 +Download the EC old-mortgage correction checklist (PDF).
 +
 +{{tag>loan still shows discharged clear old mortgage charge}}