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.

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.