ADIS Code - MASS
An assignment of mortgage is a transfer of the mortgage debt and conveyance of the legal estate of the mortgagee in the mortgaged property. It vests the debt and estate in the assignee, together with all the rights, powers and remedies of the mortgage.
The assignor is the mortgagee who is disposing of the mortgage.
The assignee is the mortgagee acquiring the mortgage.
The original mortgage is required.
Application form
An assignment of mortgage may be drawn in the short form as set out in Schedule 5 Part 5 Conveyancing Act 1919. The mortgagor may be a party to the assignment.
Lodgment requirements
Stamp duty - Required if dated before 1.1.1983. If not marked Registration insisted upon, is prohibited. Not required if dated on or after 1.1.1983.
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 - Mortgage - Transfer / Assignment of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered affected mortgage.
(D) Indexing - The mortgagor and the assignee.
(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 assignor and the assignee (and the mortgagor if included) are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby assigns...".
Principal Deed: the number of the affected mortgage as stated in the assignment must be identical to the number stated on the IPF.
Execution: by the assignor and the assignee (and the mortgagor if included). A power of attorney must be registered.
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
An assignment of an unregistered mortgage must be entered in the General Frame, ie code G, with a Noting: "Assignment of unregistered mortgage dated ... affecting [description of land]". Enter the mortgagor and the mortgagee as Vendors entries.
Assignment included in the mortgage
Where the assignment is included in or is endorsed on the original mortgage and is drawn in the short form set out in Schedule 5 Part 5 Conveyancing Act 1919:
- the registration copy is of the assignment only
- check the Book and No. of the mortgage and the appropriate parties and
- write Assignment above the Registered seal.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: required. The registered affected mortgage.
Noting: "Affecting [description of land]".
If the assignment affects:
- 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, and the assignee, deceased estates or trusts, and any variations thereof.
P: nil.