A National Mortgage instrument is used to register a new mortgage over the land title.
An electronic National Mortgage lodged via PEXA 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 paper counterpart on the same terms as the electronic mortgage signed by or on behalf of the mortgagor.
Both counterparts are required to form the legal Mortgage instrument. Only the electronic counterpart is lodged for registration. The paper counterpart must be held by the mortgagee as specified in the NSW Participation Rules for Electronic Conveyancing (PDF 995.3 KB)(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.
An electronic National Mortgage cannot be used (a paper National Mortgage form may be used) in the following instances:
- To mortgage an interest or share in land or part of the land.
- A mortgage that does not affect all the registered proprietors.
- A mortgage which requires a caveator’s consent and/or a Minister’s consent to the mortgage.
- A mortgage over 20 folios which cannot be separated.
For information to assist with completing a National Mortgage in PEXA, see PEXA guidance notes for National Mortgage