Appointment of receiver by chargee chargee may, pursuant to an express power in the charge, and following default by the charger, appoint a receiver to manage or sell the land affected by the charge.
Appointment of receiver by mortgagee
a mortgagee may, pursuant to an express power in the mortgage, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged land.
Assignment of earlier registered or unregistered assignment of the mortgage
where the mortgage has been assigned, the assigment (registered or unregistered) must be checked.
Assignment of mortgage
is a transfer of the mortgage debt and conveyance of the legal estate of the mortgagee in the mortgaged property.
Death of a mortgagee
if two or more mortgagees or chargees and a mortgagee or chargee has died, the original mortgage, security interest or charge, or if registered, the NSW LRS copy will be checked to establish the tenancy.
DIscharge included in the mortgage
where the discharge is included in or endorsed on the original mortgage and is drawn in short form.
Discharge of mortgage
releases the mortgagor from the obligation upon satisfaction of the debt.
Discharge of mortgage in short form
if the discharge is a seperate instrument set out in the short form the original mortgage is required.
where the mortgagee or chargee cannot be located s98 Conveyancing Act 1919 provides for a discharge of the mortgage.
is a transfer of the legal estate in land for the purpose of securing a debt.
time and date of registration of mortgages determines their initial priority, the priority may be altered by a postponement of mortgage.
mortgagor may require the mortgagee to execute a reconveyance of the mortgaged property upon payment of the debt, instead of a discharge of mortgage.
uses a mortgage (called the head mortgage) over land as the security.
Variation in short form and missing mortgage
if the variation is a separate instrument set out in the short form and the original mortgage is missing, a statutory declaration by the mortgagee is required.
Variation of mortgage
may change the rate of interest, amount of mortgage debt, the term or currency of the mortgage, or vary/omit/add conditions contained within the mortgage document.