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| + | ====== EC Still Shows a Discharged Loan? Clear the Old Mortgage Charge ====== | ||
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| + | <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. | ||
| + | </ | ||
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| + | **Reviewed on:** 2026-06-12. | ||
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| + | {{: | ||
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| + | 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. | ||
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| + | * **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, | ||
| + | * **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. | ||
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| + | 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. | ||
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| + | ===== Why the NOC is not enough ===== | ||
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| + | 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. | ||
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| + | ===== Track A: get the release deed registered ===== | ||
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| + | - Pull a fresh EC for the maximum period from your state portal. Note the mortgage entry' | ||
| + | - 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' | ||
| + | - 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. | ||
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| + | ===== Track B: wrong charge that was never your loan ===== | ||
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| + | - Get a certified copy of the registered document behind the entry from the sub-registrar, | ||
| + | - 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. | ||
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| + | ===== Written request to the bank ===== | ||
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| + | < | ||
| + | To, | ||
| + | The Branch Manager / Grievance Officer | ||
| + | [Bank name and branch] | ||
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| + | Date: [DD/ | ||
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| + | Subject: Registered release deed and CERSAI satisfaction - Loan Account | ||
| + | No. [number] - property at [address] | ||
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| + | Sir/Madam, | ||
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| + | 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.]/ | ||
| + | registered at [sub-registrar office]) as an active charge. | ||
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| + | 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. | ||
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| + | 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. | ||
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| + | Enclosures: closure letter / NOC, current EC showing the charge, copy of | ||
| + | the mortgage / MODT document if available. | ||
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| + | Yours faithfully, | ||
| + | [Name, loan account number, mobile, email] | ||
| + | </ | ||
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| + | ===== Escalation ladder ===== | ||
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| + | ^ 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:// | ||
| + | | 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; | ||
| + | | 5 | Service deficiency, compensation | District Consumer Commission via [[https:// | ||
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| + | ===== Where RTI fits, and where it does not ===== | ||
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| + | A sub-registrar office is a **public authority**, | ||
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| + | ===== Common mistakes ===== | ||
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| + | * 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. | ||
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| + | ===== FAQ ===== | ||
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| + | ==== 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. | ||
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| + | ==== 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. | ||
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| + | ==== 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. | ||
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| + | ==== 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. | ||
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| + | ==== 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. | ||
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| + | ==== 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. | ||
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| + | ===== Related guides ===== | ||
| + | |||
| + | * [[practical-guides: | ||
| + | * [[practical-guides: | ||
| + | * [[practical-guides: | ||
| + | * [[practical-guides: | ||
| + | * [[practical-guides: | ||
| + | * [[file-rti-online-india|How to file RTI online]] | ||
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| + | Download the EC old-mortgage correction checklist (PDF). | ||
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