On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

DIscharge included in the mortgage

Where the discharge is included in or endorsed on the original mortgage and is drawn in short form:

  • check the registration copy is of the discharge only
  • check the Book and No. of the mortgage and the appropriate parties
  • write 'Discharge' above the Registered seal.

Tenancy not disclosed

Where the mortgage:

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