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

National Mortgage

Form version 1.5

Instructions for using the form is available on the ARNECC website.

Dealing type –

M (Mortgage of Fee Simple or Perpetual Lease)

ML (mortgage of lease)

SM (mortgage of mortgage)

MC (mortgage of charge)

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must comply with all applicable requirements in the NSW Participation Rules relating to verification of identity, verification of the right to deal, client authorisations and retention of evidence.

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

The Subscriber is required to provide the applicable certifications in Schedule 3 of the NSW Participation Rules.

For more information on these requirements see: Residual Documents

Guide to complete

Stamp duty – not required

NOS form - not required.

Standard form of Caveat:

Mortgage - prevents registration.

Mortgage of Lease/Mortgage or Charge - prevents registration if the caveat is drawn against the mortgage, lease or charge.

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

NOTE: Electronic lodgment is mandatory for all Mortgages unless a Lodgment Exception Rule applies. If an exception is applicable, the Mortgage must be lodged as a Dealing With Exception.

A Mortgage cannot be recorded on the common property folio of a strata scheme (section 32(4) Strata Schemes Development Act 2015).

The dealing must not include any reference to the mortgagor or mortgagee being a trustee, executor or administrator for another party.

Minister's consent is required:

  • where so specified in the restrictions notification on the Torrens Title Register or

  • where a Crown land restriction pursuant to section 102 Crown Lands Act 1989 is noted on the Torrens Title Register. 

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 re:

  • introduction to the mortgage transaction [4.30]

  • mortgages of Torrens Title land and Old System land [4.40]. 

The Jurisdiction must be New South Wales.

Select the Lodgment type and apply.

The estate and/or interest being mortgaged must be selected or inserted.

  • Where an interest (Lease or Mortgage) is affected the dealing number must be stated after the interest.

    In the case of a mortgage of lease affecting a lease folio, the number of the lease folio only must be stated in the reference to title

    A lease must still be current regardless of any options.

The reference to title for the land affected by the mortgage must be stated.

  • Where part of the land is affected the land description must be stated.

A mortgage affecting part of a current lot, e.g. a mortgage of 'part of the land formerly comprised in ...', will not be accepted unless a mortgage is already registered to the same mortgagee affecting the remainder of the land in the title.

Where the mortgage is creating an easement, enter the reference to title for the servient tenement in ITS. See section 56(4) Real Property Act 1900 and Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [385.300].

The full name of the mortgagor must be stated and must be identical to the name of the registered proprietor or the name of the lessee, mortgagee or chargee as shown on the Register. The mortgage may be for a share or interest only.

NOTE: Where a mortgage is only as regards the interest of a joint tenant, the mortgage is extinguished if the joint tenant dies. A Request form 11R lodged as a Dealing with Exception to remove the mortgage may be lodged following lodgment of a Notice Of Death.

The full name of the mortgagee must be stated.

Tenancy/shares must be stated where there is more than one mortgagee. Reference to the tenancy/shares will not be entered on the Torrens Title Register.

Document Reference panel. The relevant memorandum must be specified. 

Additional terms and conditions may be added to up to 4000 characters or can be referred to an annexure. Any annexure must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

Execution requirements for National Mortgage 

For the execution requirements for mortgagors and mortgagees, refer to the current National Mortgage Form Design Specification - NSW Addendum, which can be accessed via the ARNECC website.

NOTE: The corporate collective investment vehicle (CCIV) regime commenced on 1 July 2022. For the execution requirements for CCIVs,  see  Execution under common seal and Execution without common seal.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au
 

Staff processing information mortgage

Refer to SM99

Where the mortgage appears to create an easement.

Refer to SD6

A mortgage involving:

  • an Aboriginal Association or corporation

  • the NSW/Local Aboriginal Land Council.

Refer to Legal through the Senior Examining Officer

A mortgage:

  • where there is doubt as to the corporate status of the mortgagee

  • noted on a common property of a Strata scheme or the Association property of a Community Title scheme.

Registration procedure

PRIME CODE    M (where no mortgagee code exists)

MA etc (where a mortgagee code exists in ITS)

CODE (name)    P, C or Q where Prime Code M is selected  [name of mortgagee].

Affecting the share/interest of a registered proprietor

DETAILS    As Regards The Share/Interest Of [name of mortgagor].

Staff processing information mortgage of lease/mortgage or charge

If in order proceed with registration except for the following.

Refer to SD2

A mortgage of lease affecting a title held or managed by SD2.

Refer to Legal through the Senior Examining Officer

A mortgage:

  • of a lease for less than the full term of the lease

  • where there is doubt as to the corporate status of the mortgagee

  • affecting a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

Mortgage of lease or mortgage

PRIME CODE code of lease or mortgage as shown on the Register

PRIME NO.  number of lease or mortgage

SUB CODE

ULM (lease)

UMM (mortgage)

CODE (name)    P, C or Q  [name of mortgagee].

Mortgage of charge

DEALING TYPE  MC

PRIME CODE  code of charge as shown on the Register

PRIME NO.  number of charge

SUB CODE  UA

DETAILS  Mortgage Of Charge To [name of mortgagee].

Affecting a Book and No. lease with satisfactory evidence of devolution

ADD. TRANSACTION  UNDR

PRIME CODE   code of lease as shown on the Register

PRIME NUMBER    number of lease

SUB-CODE    ULD  (Devolution Of Lease).

Further information on mortgage of lease/mortgage or charge

A mortgage of more than one lease, mortgage or charge involving the same mortgagor (e.g. the same lessee) and mortgagee is a multiple instrument. See Fees page.

A mortgage of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:

  • be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note  The Mortgage of Lease form 05ML cannot be registered in this instance or

  • be accompanied by:
    - an Old System search of the leasehold title and
    - a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
    - their qualification
    - that he or she has inspected all deeds since the leasehold title was created to the present time
    - the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
    - the registered Book and No. and type of all instruments to which the leasehold estate is subject.

A notification (code ULD): 'Devolution of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.

Refer to Legal through the Senior Examining Officer in both instances.

Publish date: October 2023