Mortgage postponement

ADIS Code - PM

The time and date of registration of mortgages determines their initial priority.  The priority may be altered by a postponement of mortgage.

There is no short form for a postponement of mortgage; it must be in the form of a deed.

The original mortgages are not required.

Lodgment requirements

Stamp duty - Required if dated before 1.1.1998. If not marked Registration insisted upon, is prohibited. Not required if dated on or after 1.1.1998.

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 - Posponement of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The registered affected mortgage.

(D) Indexing - The mortgagor, and the mortgagee of the mortgage being postponed, ie losing priority .

(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 mortgagor and the mortgagees (and the mortgagor if included) are required. Advise the lodging party of any discrepancies in names.

Operative clause:  "... hereby postpone...".

Principal Deed:  the numbers of the affected mortgages as stated in the postponement of mortgage must be identical to the number stated on the IPF.

Execution:  by the mortgagee of the postponed mortgage.  A power of attorney must be registered.  The mortgagee of the mortgage gaining priority does not have to sign.  The mortgagor does not have to sign

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

If either or all mortgages are unregistered the postponement must be entered under the General Frame, ie. code "G", with a Noting: "Postponement of mortgage affecting [registered number/mortgage dated (mortgage gaining priority)] and [registered number/mortgage dated (mortgage losing priority)]".  Where both mortgages are unregistered the Locality and the Link Conveyance are also required.  Enter any affected registered mortgage number as a Principal Deed.  Enter the mortgagor and the mortgagee of the mortgage being postponed as Vendors entries.

CA Not required


Locality:  nil.

Link Conveyance:  nil.

Principal Deed:  required.  The registered affected mortgages.

Noting:  "Affecting [description of the land]".

V:  the mortgagor, and the mortgagee of the mortgage being postponed, deceased estates or trusts, and any variations thereof.

P:  nil.