Mortgage of a Kosciuszko lease

ADIS Code - LM

A mortgage of a "Kosciuszko lease" uses the lease or sub-lease as a security.

The original lease or sub-lease is not required.

The question of the Minister's consent to the mortgage will not be considered by NSW LRS. A copy of the consent, if furnished, will be filmed with the registration copy of the mortgage.

Lodgment requirements

Stamp duty - Required. If not marked Registration insisted upon, is prohibited.

An increase in the principal sum must be marked.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Lease - Mortgage of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - Required. The registered affected lease or sub-lease.

(D) Indexing - The mortgagor.

(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, ie the lessee, and the mortgagee are required. Advise the lodging party of any discrepancies in names.

Operative clause: "... hereby mortgages...".

Principal Deed: the number of the affected lease or sub-lease must be identical to the number stated on the IPF. 

Execution: by the mortgagor. A power of attorney must be registered, The mortgagee 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

A mortgage of an unregistered lease or sub-lease must be entered in the General Frame, ie code "G", with a Noting: "Mortgage of unregistered lease/sub-lease dated .... affecting [description of land]". Enter the Locality and Link Conveyance. For an unregistered sub-lease, enter the head lease, if registered, as a Principal Deed. Enter the mortgagor, and the sub-lessor if affecting a registered sublease, as a Vendors entry.

CA Not required

Indexing

Locality: nil.

Link Conveyance: nil.

Principal Deed: required. The registered number of the lease or sub-lease being mortgaged

Noting: "Of [description of premises, eg Chalet 14 Squatters Run Thredbo]".

If the assignment:

  • 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 mortgagor, deceased estates or trusts, and any variations thereof.

P: nil.