Transfer with a mortgage noted on the Register

Where a mortgage is noted on the Register affected by a transfer for value that is in order for registration take the following action:

  • if the mortgage is noted in the Encumbrances, the transfer may be registered
  • if the certificate of title has been produced by the mortgagee to allow registration of the transfer, the transfer may be registered
  • in Personal Lodgment advise the lodging party of the mortgage and its implication.  If they require immediate registration marginally note the dealing accordingly.
  • in Advance Lodgment accept the transfer for lodgment and send a Mortgage Noted form 10-0180C to the lodging party, ie:

"Your attention is drawn to registered mortgage No....  It is my intention to register the above transfer on [28 days from the date of the form] unless advice is received from you prior to this date".