12 (1) In this section, “court” means the Superior Court of Justice.  R.S.O. 1990, c. M.40, s. 12 (1); 2000, c. 26, Sched. B, s. 14 (2). Effect of receipts of surviving mortgagee, etc. (2) The payment in good faith of any money to and the receipt thereof by the survivor or survivors of two or more mortgagees, or the executors or administrators of such survivor, or their or his or her assigns, effectually discharges the person paying the same from seeing to the application or being answerable for the misapplication thereof, unless the contrary is expressly declared by the instrument creating the security.  R.S.O. 1990, c. M.40, s. 12 (2). Where mortgagee cannot be found (3) When a mortgagor or any person entitled to pay off a mortgage desires to do so and the mortgagee, or one of several mortgagees, cannot be found or when a sole mortgagee or the last surviving mortgagee is dead and no probate of his or her will has been granted or letters of administration issued, or where from any other cause a proper discharge cannot be obtained, or cannot be obtained without undue delay, the court may permit payment into court of the amount due upon the mortgage and may make an order discharging the mortgage.  R.S.O. 1990, c. M.40, s. 12 (3). Payment out of money paid into court (4) The money paid into court shall be paid out of court with any accrued interest to the mortgagee or mortgagees or to the executor or administrator of the mortgagee or as the court by order for payment into court or any subsequent order may direct.  R.S.O. 1990, c. M.40, s. 12 (4). Notice to mortgagee (5) The court may require notice to be given by advertisement or as may be considered proper to the mortgagee or those claiming under the mortgagee either before or after making the order.  R.S.O. 1990, c. M.40, s. 12 (5). When amount offered questioned (6) When the amount admitted to be due upon the mortgage appears to be open to question the court may as a condition of making the order 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.  R.S.O. 1990, c. M.40, s. 12 (6). Provision for subsequent interest and costs (7) The court may require payment into court of an additional sum to answer any claim by the mortgagee for subsequent interest and costs.  R.S.O. 1990, c. M.40, s. 12 (7). Death of mortgagee, order for discharge (8) When a mortgagee has died and all money due upon the mortgage was paid to him or her in the mortgagee’s lifetime or has been paid to a person entitled to receive the same after the mortgagee’s death or where in any other case it appears that all money due upon the mortgage has been paid and for any reason a discharge or reconveyance cannot be obtained without undue delay and expense the court may make an order discharging the mortgage.  R.S.O. 1990, c. M.40, s. 12 (8). Registration of order discharging (9) Upon the registration of an order discharging a mortgage it has the same effect as the registration of a certificate of discharge signed by the mortgagee would have under the Registry Act.  R.S.O. 1990, c. M.40, s. 12 (9). Appeal (10) An appeal lies to the Divisional Court from any order made under this section.  R.S.O. 1990, c. M.40, s. 12 (10). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. B, s. 14 (2) - 06/12/2000