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

Missing mortgagee

Where the mortgagee or chargee cannot be located s98 Conveyancing Act 1919 provides for a discharge of the mortgage pursuant to an Order of the Supreme Court issued by a Judge in the Equity Division, see s 41(2) Supreme Court Act 1970.

The discharge will be registered upon production of:

  • a letter setting out in brief the circumstances and requesting that the discharge be noted
  • an office copy of the Order of the Court stating the manner in which the discharge is to be effected and
  • the receipt for money paid that has been 'duly acknowledged' before a prescribed functionary in accordance with the terms of the Order of the Court.

All evidence must be copied and filmed with the registration copy.