38.1(1)Where a mortgagor desires to redeem a mortgage and the mortgagee or one of several mortgagees cannot be found, or where a sole mortgagee or the last surviving mortgagee is dead and no probate of his will has been granted or letters of administration issued, or where from any other cause a discharge or reconveyance cannot be obtained or cannot be obtained without undue delay and expense, the court on application may permit payment into court of the amount due upon the mortgage and may make an order discharging the mortgage.

38.1(2)The money paid into court, with any accrued interest, shall be paid out of court to the mortgagee or as the court by order may direct.

38.1(3)Where the amount due upon the mortgage appears to be open to question the court may as a condition of making an order discharging the mortgage require payment into court of a sum in excess of the amount admitted to be due, and in such case the additional sum is subject to the further order of the court.

38.1(4)The court may require payment into court of an additional sum to answer any claim by the mortgagee for subsequent costs.

38.1(5)The court on application may make an order discharging a mortgage

38.1(6)The court shall require notice of an application under this section to be given to such persons and in such manner as it considers fit.

38.1(7)The court may direct that notice of an order made under this section be given to such persons and in such manner as it considers fit.

38.1(8)An order made under this section discharging a mortgage may be registered in the appropriate registry office.

38.1(9)The registration in the appropriate registry office of an order made under this section discharging a mortgage shall have the effect of cancelling the mortgage and of reconveying to the mortgagor any estate conveyed by the mortgage.

38.1(10)An appeal lies to the Court of Appeal from any order made under this section, or from the refusal to make an order.