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

Death of a mortgagee

Where there are two or more mortgagees and a mortgagee has died, either the original mortgage or the NSW LRS copy will be checked to establish the tenancy.  Where the mortgage:

  • does not clearly state the tenancy of the mortgagees joint tenancy is presumed
  • contains a joint account clause, joint tenancy is assumed or
  • discloses that the advance was made in shares, tenants in common in those shares is assumed.

The appropriate supporting evidence is required, ie:

  • for a deceased joint tenant, the death certificate or probate or
  • for a deceased tenant in common, the probate.

If the discharge is executed by the beneficiary or devisee, the consent of the executor is required.

Staff processing information

A copy of the evidence must be filmed with the registration copy of the discharge.