ADIS Code - CMM
Where a mortgage can be redeemed, i.e. discharged or re-conveyed, the mortgagor may instead require the mortgagee to join in a conveyance to a third party. The mortgage ineffect is discharged. See s94 Conveyancing Act 1919.
The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919. The original mortgage is not required.
Lodgment requirements
Stamp duty - Required. Marking as regards Vendors Duty is also required. If not marked, Registration insisted upon is prohibited.
Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party may be ignored. The addition of a name must be marked.
Not required where the tenancy only is changed.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required.
NOS form - Required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Conveyance - Mortgagors and Mortgagee (By)
(C) Locality - Required. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Required. The registered affected mortgage.
(D) Indexing - The vendor (mortgagor), the mortgagee and the purchaser.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the mortgagor, the mortgagee and the purchaser are required. Advise the lodging party of any discrepancies in names.
Tenancy: the tenancy/shares must be identical to that stated on the STP form. If tenancy is not stated for more than one purchaser, tenants in common is assumed.
Operative clause: "... hereby convey/convey to ...".
Locality: required. The situation of the Old System land.
Land Description: required. The Old System land must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Principal Deed: the number of the affected mortgage as stated in the conveyance must be identical to the number stated on the IPF. Include any subsequent mortgages.
Execution: by the vendor (mortgagor) and the mortgagee. A power of attorney must be registered. The purchaser does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
If the conveyance by the mortgagor and the mortgagee includes a covenant to produce enter a Noting: "With a covenant to produce".
The Conveyance Frame, ie code "C", is always used when at least one vendor is conveying in their own right.
CA Required
Indexing
Locality: required. The situation of the Old system land.
Link Conveyance: required. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: the registered affected mortgage.
Noting: "Affecting [description of teh land]".
If:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the vendor (the mortgagor) and the mortgagee, deceased estates or trusts, and any variations thereof. Also the last registered owner where they are not identical to the vendor.
P: the purchaser, deceased estates or trusts, and any variations thereof.