Foreclosure

Form 04FM (PDF 100 KB)

Dealing type - FM

Legislation - s61 Real Property Act 1900

Stamp duty - not required

Certificate of Title - required

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

Standard form of Caveat - prevents registration.

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

Note  The Foreclosure form 04FM is an application for the preparation of an Order by the Registrar General vesting the mortgaged land in the mortgagee. The Order, when issued, gives effect to the foreclosure.

Minister's consent is required where the mortgaged land is subject to a Crown land restriction on dealings, see Schedule 3 Part 1 Clause 6 Crown Lands (Continued Tenures) Act 1989.

(A) The reference to title must be stated. Note  Where a Qualified title issued in the name of the mortgagee is affected, the Order for foreclosure must be issued by a Court.

(C) The full name of the registered proprietor must be stated and be identical to that shown on the Torrens Title Register.

(D) The full name of the mortgagee must be stated and be identical to that shown on the Torrens Title Register. The registered number of the mortgage must be stated.

(E) The statutory declaration must be made by the mortgagee or the mortgagees attorney. An authorised officer must make the declaration for a corporation. The capacity of the declarant must be stated.

(F) The period stated must be more than 6 months.

(G-O) The relevant clauses must be completed. The evidence as stated at Notes (L) to (O) inclusive must be furnished with the dealing. Also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [220.100f.].

(P) The statutory declaration must be made by the declarant stated at Note (E) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.

(Q) 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.

Foreclosure under Order of Court

On issue of an Order for foreclosure issued by a Court, the mortgagee must lodge a Request form 11R together with:

  • an office copy of the Order for foreclosure
  • the duplicate mortgage, i.e. the original mortgage returned to the lodging party after scanning
  • a completed NOS form. Panels 1, 2, 3B and 5 require completion and
  • the certificate of title.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [230.600].

Refer to Legal through the Senior Examining Officer.

Foreclosure under Order of the Registrar General

An office copy of the Order for foreclosure of mortgage issued by the Registrar General must be marked by Revenue NSW and must be returned to the Client Services Counter for connection to the Foreclosure case. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [230.500].

Refer to Legal for direction. Note  Before proceeding with registration as directed by Legal Division of an Order affecting a manual folio of the Torrens Title Register, search Manual Title Inquiry in ITS. Refer the case to Legal if subsequent dealings have been lodged.

Staff processing information

Refer to Legal through the Senior Examining Officer. Attention should be drawn to any interests or caveats noted on the Register.

Registration procedure

Proceed with registration as directed.