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

Mortgage of lease

ADIS Code - LM

A mortgage of lease, including a sub-lease, uses the lease as a security. The original lease or sub-lease is not required.

Lodgment requirements

Stamp duty - Required if dated on or after 1.1.1975.

If not marked Registration insisted upon, is prohibited.

An increase in the principal sum must be marked.

Not required if dated before 1.1.1975.

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: the registered number of the lease or sub-lease being mortgaged

Noting: 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 mortgagor, deceased estates or trusts, and any variations thereof.

P: nil.