Record the mortgagor or charger as registered proprietor

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation - s39B Real Property Act 1900

(A) Stamp duty - not required

Certificate of Title - required

NOS form - required.  Panels 1, 2, 3(B) and 5 require completion

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page.

In the past, on conversion of Crown land affected by a mortgage or charge to Torrens Title, the mortgagee or chargee was shown in the First Schedule and a Registrar General's caveat was entered in the Second Schedule to protect the interest of the mortgagor or charger. These Registrar General's caveats were originally numbered separately and after 26.7.1976 were numbered Q1.

Prior to 31.8.1980, on conversion of Old System land affected by a mortgage or charge to Torrens Title, the mortgagee or chargee was shown in the First Schedule and a Registrar General's caveat was entered in the Second Schedule to protect the interest of the mortgagor or charger. The Registrar General's caveat was numbered Q160000.

Before dealing with the title, except for discharging the mortgage or charge, the mortgagor must apply to be recorded in the First Schedule pursuant to s39B Real Property Act 1900. The mortgage is recorded in the Second Schedule.

(B) The reference to title for the land affected by the request must be stated.

(C) Does not apply.

(E) The full name of the mortgagor or charger must be stated and be identical to the name as shown in the Registrar General's caveat recorded on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered Book and Number of the mortgage or charge must be stated.

The full name of the mortgagee or chargee, and the tenancy/shares if appropriate, must be stated and be identical to the name and tenancy/ shares shown in the First Schedule of the Torrens Title Register.

The full name of the mortgagor or charger, and the tenancy/shares if appropriate, must be stated and be identical to the name and tenancy/ shares as shown in the Registrar General's caveat.

The registered number of the Registrar General's caveat must be stated.

Note  The registered proprietors and tenancy/shares cannot be altered by this dealing.

(H) The dealing must be executed by the mortgagor or charger and the mortgagee or chargee, and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Mortgagor etc Tick Cross Tick Cross
Mortgagee etc1 Tick Cross Tick Cross

1    The mortgagee or chargee may consent to the request rather than execute the dealing. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [480.800].

See execution requirements for companies, witnesses etc pages.

(I) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [55.100].

Staff processing information

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

  • if doubt exists as to the names, tenancy, shares etc.
  • if the Registrar General's caveat refers to a subsequent mortgage or other qualification.

Registration procedure

Record the mortgagor or charger as registered proprietor

TRANSACTION    RP

CODE (name)    P, C or Q  [name of mortgagor or charger]

TENANCY    S, J2 etc, T etc.

Remove the Registrar General's caveat

ADD. TRANSACTION    OFF

PRIME CODE    code of Registrar General's caveat as shown on the Register

PRIME NO.    number of Registrar General's caveat.

Record the mortgage or charge in the Second Schedule

ADD. TRANSACTION    ON

PRIME CODE    M, C or equivalent code of the interest

PRIME NO.    the registered Book and No. of the interest

DETAILS    as required for the interest.

Note  Details of the request will be recorded in the Historical File in ITS.