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

Mortgages

Discharge of mortgage form 05DM, of interest or share of a mortgagor and/or mortgagee, or part of the land.

 

Foreclosure form 04FM information and procedures and foreclosure under order of court and foreclosure under order of the Registrar General.

 

Merger of lease, mortgage or charge request to remove registered interest.

 

Merger of mortgage where the mortgagee acquires the reversion or the mortgagor acquires the mortgage.

 

Mortgage form 05M, a charge on the land created merely for securing payment of a debt.

 

Mortgage affecting common property or association property a mortgage cannot be registered affecting the common property title in a strata scheme or the association property.

 

Mortgage memoranda information and procedures.

 

Mortgage of lease, mortgage or charge form 05ML, information, processes and procedures.

 

Mortgagee codes staff processing information only.

 

National Mortgage version 1.5, information, processes and procedures

 

No tenancy shown in a registered mortgage will be regarded as constituting a joint tenancy.

 

Old system mortgage carried forward has same status as RPA mortgage.

 

Postponement of mortgage form 05PM, information, processes and procedures.

 

Priority between mortgages must be established where two or more mortgages are lodged simultaneously.

 

Receivers and controllers a dealing by the receiver or controller must be drawn in the name of the mortgagor and include a statement that a receiver or controller has been appointed.

 

Record the mortgagor or charger as registered proprietor information, processes and procedures.

 

Rescanning of mortgage (upstamping) where the amount of stamp duty paid has been altered after registration must be lodged on a Request form 11R together with the mortgage to be rescanned.

 

Rights of a sub-mortgagee on registration of a mortgage of a mortgage the rights of the head mortgagee are assigned to the sub-mortgagee.

 

Transfer by mortgagee under power of sale form 01TP for a transfer by mortgagee.

 

Transfer by way of discharge of mortgage form 01DT where a mortgagee is shown as the registered proprietor in the First Schedule and the mortgagor's interest is protected by a Registrar General's caveat in the Second Schedule.

 

Transfer of lease, mortgage or charge form 01TL, information and procedures.

 

Variation of mortgage form 05VM, information, processes and procedure.