Death of a mortgagee

Where there are two or more mortgagees and a mortgagee has died, either the original mortgage or the NSW LRS copy will be checked to establish the tenancy.  Where the mortgage:

  • does not clearly state the tenancy of the mortgagees joint tenancy is presumed
  • contains a joint account clause, joint tenancy is assumed or
  • discloses that the advance was made in shares, tenants in common in those shares is assumed.

The appropriate supporting evidence is required, ie:

  • for a deceased joint tenant, the death certificate or probate or
  • for a deceased tenant in common, the probate.

If the discharge is executed by the beneficiary or devisee, the consent of the executor is required.

Staff processing information

A copy of the evidence must be filmed with the registration copy of the discharge.