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

National Mortgage (electronic)

A National Mortgage instrument is used to register a new mortgage over a land title.

An electronic National Mortgage lodged via an ELNO consists of two counterparts:

  • an electronic counterpart, known as a Mortgage (Electronic Counterpart) Instrument, prepared and signed by the Subscriber representing the mortgagee and
  • a counterpart on the same terms as the electronic mortgage, signed by or on behalf of the mortgagor. This counterpart may be either wet signed or digitally signed.

Both counterparts are required to form the legal Mortgage instrument. Only the Mortgage (Electronic Counterpart) Instrument is lodged for registration.

The counterpart signed by the mortgagor must be held by the mortgagee as specified in the NSW Participation Rules for Electronic Conveyancing (section 6.13).

An electronic National Mortgage can be lodged where it affects the whole of the land of all the registered proprietors.

It may also be used where a change of name justification for the mortgagor is required.

A specific field to enter the details of the new names and justification is provided and when completed a Notice of Sale is populated. Please note that an extra lodgement fee is added to the transaction.

A National Mortgage must be lodged as a Dealing with Exception in certain instances, see the Lodgment Rules Exception page.

For information to assist with completing a National Mortgage via an ELNO, see ELNO guidance notes for National Mortgage.