33-713. Discharge by order of court; proof
required; effect
The superior court of the county in which a mortgage is legally recorded may make an
order discharging the mortgage of record on proof that the mortgage has been fully paid
and satisfied and that the mortgagee or his assignee is a nonresident of the county where
the mortgage is recorded, or is deceased, and that there is no personal representative of
the estate appointed under the authority of this state. Upon proof that the same
circumstances exist with respect to a deed of trust, the superior court in the county in
which a deed of trust is legally recorded may make an order releasing the deed of trust
and directing reconveyance of the property. The county recorder shall record a certified
copy of the order showing the docket and page or recording number of the recorded
mortgage or deed of trust, and the record shall have the same effect as the record of
discharge by the mortgagee or a release and reconveyance for the deed of trust.
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