ADIS Code - VM
A variation of mortgage may change the rate of interest, amount of mortgage debt, the term or currency of the mortgage, or vary/omit/add conditions contained within the mortgage document.
A mortgage must not be varied as regards the land to which the mortgage relates, see s91(5A) Conveyancing Act 1919. See s91 Conveyancing Act 1919.
Variation as a deed
A variation of mortgage drawn in the form of a deed, ie "by this deed" and/or "signed, sealed and delivered", does not require the original mortgage.
Variation in short form
If the variation is a separate instrument set out in the short form (Schedule 5 Conveyancing Act 1919) the original mortgage is required. For a missing mortgage.
Variation included in the mortgage
Where the variation is included in or endorsed on the original mortgage and is drawn in the short form, the Registration Copy must be of the variation only, see Schedule 5Conveyancing Act 1919.
Lodgment requirements
Stamp duty - Required if dated on or after 1.1.1975. If not marked Registration insisted upon, is prohibited. Not required if 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 - Variation of
(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 varies...".
Principal Deed: required. The number of the affected mortgage as stated in the variation must be identical to the number stated on the IPF.
Execution: by the mortgagor and the mortgagee. A power of attorney must be registered.
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
Check the Book and No of the mortgage and the appropriate parties. Evidence is required where a discrepancy exists.
Attach the variation to the mortgage and return to the lodging party.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: required. The registered affected mortgages.
Noting: "Affecting [description of the land]".
V: the mortgagor, deceased estates or trusts, and any variations thereof.
P: nil.