Variation of Mortgage

This page aims to help you complete an electronic Variation of Mortgage dealing form. This form is used for a variation of the terms of a registered mortgage.

NOTE: the mortgage must be varied as regards the whole of the land in the folio or registered interest affected by the mortgage. The land or interest mortgaged cannot be varied.

NOTE: A variation of the distribution of the principal sum between the registered mortgagees is acceptable but does not alter the tenancy and/or shares of the mortgagees as registered. An alteration of tenancy/shares must be effected by a Transfer of Interest dealing form.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity

  2. establish their Client’s right to deal with the land

  3. have a properly completed and executed Client Authorisation form and

  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

NOTE: Both the mortgagee and the mortgagor must be represented in the workspace for this dealing form.
For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 91 Conveyancing Act 1919.

Stamp Duty – not required.

CoRD Holder Consent – required for a variation of a first mortgage. Not required for a variation of a second or subsequent mortgage.

See https://rg-guidelines.nswlrs.com.au/e-dealings/cord_holder_consent_requirements.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Variation of Mortgage.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Variation of Mortgage dealing form.

Land Title

Enter the land title reference(s) affected by the mortgage.

Participant Details

Party Details – Party Name

Select the mortgagor of the registered mortgage being varied.

Select the mortgagee of the registered mortgage being varied.

Document
 
Create Document – Select Other Documents. 

Select Variation of Mortgage.

Dealing on Title

Mortgage.

Dealing Number

Select the registered mortgage dealing number being varied.

Mortgagee

Select the mortgagee.

Mortgagor

Select the mortgagor.

Enter and complete for the following:

Rate of Interest (optional)

Rate of interest is (increased/reduced) to ------% per annum (subject to reduction to ----% per annum on payment within ------days of the date provided by the mortgagee for payment of interest).

Principal Sum (optional)

The principal sum is (increased/reduced) to -------

Mortgage Term (optional)

The term is (shortened/extended) to -------

Provisions of the Mortgage (optional)

The provisions of the mortgage are(varied/omitted/added) as set out hereto.

NOTE: a variation of the distribution of the principal sum between the registered mortgagees is acceptable but does not alter the tenancy and/or shares of the mortgagees as registered.

An alteration of tenancy/shares must be effected by a Transfer of Interest form (Mortgage).

Attachment

Attachment Type – Terms and Conditions

The attached terms and conditions must contain the variation details.

Attachment Type – Minister’s Consent

Where a Minister's consent was initially required for the mortgage, a variation of the mortgage also requires that Minister’s consent where the restriction still applies. This will be required to be provided as an attachment to the dealing form.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/