Request to record action: Merger of mortgage or charge

Request form  W-11R (PDF 324 KB)

Dealing type - R

(A) Stamp duty - not required.

WAL Certificate - required.

Caveat noted on the WAL Folio - If specifically prohibited, refer to the Senior Examining Officer for service of notice on the caveator.

Where, as the result of a transaction, the registered holder of a WAL also becomes the mortgagee or chargee of a registered mortgage or charge, the mortgage or charge is not automatically removed on registration of the transaction. The registered holder may lodge a Request to Record Action form W-11R to have the mortgage or charge removed as a result of the merger.

For a transfer of a WAL or mortgage or charge resulting in a merger.

(F) The number of the WAL affected by the merger must be stated.

(G) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing or Supplementary.

(H) The registered number of the mortgage or charge affected by the merger must be stated.

(I) The applicant must be the registered holder of the WAL. The registered holder must hold the WAL and the mortgage or charge being merged outright or in the same fiduciary capacity.

The full name of the applicant must be stated and must be identical to the name of the registered holder as shown on the WAL folio.

(J) The nature of the transaction must be stated, e.g. merger of mortgage.

(K) Leave blank.

(L) The consent of any person with a registered interest in the mortgage or charge being merged is required.

(M) The request to merge must be executed by the registered holder and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed or
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the registered holder.

See execution requirements for companies, witnesses etc pages. Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

Staff processing information

Refer to SD6.

SD6 - Refer to SQ99

A merger of mortgage for recording of a sub-mortgage as a mortgage.

SD6 - Registration procedure

TRANSACTION    OFF

PRIME CODE    code of mortgage or charge being merged as shown on the WAL folio

PRIME NO.    number of mortgage or charge.