Appointment of Receiver by Mortgagee - APT
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.
A mortgagee may pursuant to an express power in the bill of sale, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged goods and chattels.
A mortgagee may, pursuant to an express power in the stock mortgage, wool lien or crop lien, and following default by the mortgagor, appoint a receiver to manage or sell the mortgaged stock, wool or crop.
See appointment of a receiver by a chargee page.
The original mortgage, bill of sale, stock mortgage, wool lien or crop lien is not required.
Lodgment requirements
Lodgment fee - General Register
Stamp duty - Required if dated before 1.1.1998. If not marked Registration insisted upon, is prohibited. Not required if dated on or after 1.1.1998.
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 - Appointment of Receiver (By Mortgage).
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - If registered in the General Register, the affected mortgage, bill of sale, stock mortgage, wool lien or crop lien.
(D) Indexing - The mortgagor and the mortgagee.
(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 and the mortgagee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby appoints...".
Principal Deed: if registered, the number of the affected mortgage as stated in the appointment must be identical to the number stated on the IPF.
Execution: by all of the mortgagees stated in the appointment. A power of attorney must be registered if Old System land is affected. The mortgagor or receiver 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
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: if registered in the General Register, the affected mortgage, bill of sale, stock mortgage, wool lien, or crop lien. If registered prior to Book 4000 enter as "Year/Number", eg "1985/1234".
Noting: if Old System land is affected and:
- 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, including any trusts or deceased estates, and the mortgagee. Any variations of names must be entered.
P: nil.