On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Appointment of receiver by mortgagee

Appointment of Receiver by Mortgagee - APT

A mortgagee may, pursuant to an express power in the mortgage, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged land.

A mortgagee may pursuant to an express power in the bill of sale, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged goods and chattels.

A mortgagee may, pursuant to an express power in the stock mortgage, wool lien or crop lien, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged stock, wool or crop.

See appointment of a receiver by a chargee page.

The original mortgage, bill of sale, stock mortgage, wool lien or crop lien is not required.

Lodgment requirements

Lodgment fee - General Register

Stamp duty - Required if dated before 1.1.1998. If not marked Registration insisted upon, is prohibited. Not required if dated on or after 1.1.1998.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Appointment of Receiver (By Mortgage).

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - If registered in the General Register, the affected mortgage, bill of sale, stock mortgage, wool lien or crop lien.

(D) Indexing - The mortgagor and the mortgagee.

(E) Certification - Required.

Document requirements 

Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.

Name: the full names (initials are acceptable) of the mortgagor and the mortgagee are required. Advise the lodging party of any discrepancies in names.

Operative clause:  "... hereby appoints...".

Principal Deed:  if registered, the number of the affected mortgage as stated in the appointment must be identical to the number stated on the IPF.

Execution:  by all of the mortgagees stated in the appointment.  A power of attorney must be registered if Old System land is affected.  The mortgagor or receiver does not have to sign.

Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF: must be completed.

Staff processing information

CA Not required

Indexing

Locality:  nil.

Link Conveyance:  nil.

Principal Deed: if registered in the General Register, the affected mortgage, bill of sale, stock mortgage, wool lien, or crop lien. If registered prior to Book 4000 enter as "Year/Number", eg "1985/1234".

Noting: if Old System land is affected and:

  • an interest, state: "interest in" (or Noting Code: "I"
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V:  the mortgagor, including any trusts or deceased estates, and the mortgagee. Any variations of names must be entered.

P:  nil.