ADIS Code - SM

A sub-mortgage uses a mortgage (called the head mortgage) over land as the security.

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

The head mortgage is not required.

Lodgment requirements

Stamp duty - Required if dated on or after 1.1.1975.  If not marked, Registration insisted upon is prohibited.

Not required if dated before 1.1.1975.

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-Sub-mortgage.

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The registered affected mortgage.

(D) Indexing - The sub-mortgagor and the mortgagor of the affected mortgage.

(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 sub-mortgagor and the mortgagor of the affected mortgage are required. Advise the lodging party of any discrepancies in names.

Operative clause:  "... hereby mortgage...".

Tenancy:  where the sub-mortgage does not clearly state the tenancy of the sub-mortgagees, joint tenancy is presumed:

  • contains a joint account clause, joint tenancy is assumed or
  • discloses that the advance was made in shares, tenants in common in those shares is assumed.

Execution:  by the sub-mortgagor.  A power of attorney must be registered.  The mortgagor of the affected mortgage or the sub-mortgagee do 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 the head mortgage is unregistered, enter the sub-mortgage under the General Frame, ie code "G", with a Noting: "Sub-mortgage affecting unregistered mortgage dated ...".  The Locality and the Link Conveyance are required.  Enter the sub-mortgagor and the head mortgagor as Vendors entries.

CA Not required.


Locality:  nil.

Link Conveyance:  nil.

Principal Deed: required. The registered affected mortgage.

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

If Old System land is affected and:

  • 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 sub-mortgagor and the head mortgagor, deceased estates or trusts, and any variations thereof.

P:  nil.