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.