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

Variation in short form and missing mortgage

If the variation is a separate instrument set out in the short form (Schedule 5 Conveyancing Act 1919) and the original mortgage is missing, a statutory declaration by the mortgagee is required stating:

  • the particulars of the loss or destruction
  • that a diligent search has failed to locate the document and
  • that the mortgagee has not in any way encumbered, transferred, assigned or otherwise dealt with their interest.

Staff processing information

A copy of the evidence must be filmed with the registration copy of the variation.