ADIS Code - REC
A mortgagor may require the mortgagee to execute a reconveyance of the mortgaged property upon payment of the debt, instead of a discharge of mortgage. The mortgagee's estate or interest held under the mortgage is reinvested in the mortgagor. See s91(5) Conveyancing Act 1919.
The original mortgage is not required.
Stamp duty - Not required.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Only if required by the lodging party.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Reconveyance.
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered affected mortgage.
(D) Indexing - The mortgagor.
(E) Certification - Required.
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 mortgagee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby reconveys...".
Principal Deed: if registered, the number of the affected mortgage as stated in the reconveyance must be identical to the number stated on the IPF.
Execution: by the mortgagee. A power of attorney must be registered. 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
Unlike a discharge of mortgage, a CA may be initiated on a sole reconveyance.
If the Principal Deed is unregistered and affects Old System land also include the Locality and Link Conveyance details when indexing.
CA Only required if a STP form is lodged.
Link Conveyance: nil.
Principal Deed: required. The registered affected mortgage.
Noting: if the reconveyance affects:
- an interest, state: "interest in" (or Noting Code: "I"
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the mortgagor, deceased estates or trusts and any variations thereof.