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

Mortgage reconveyance

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.

Lodgment requirements

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.

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 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.

Indexing

Locality:  nil.

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.

P:  nil.