Request form 11R
Dealing type - R
Legislation - section 39B Real Property Act 1900
Stamp duty - not required
NOS form - required. Panels 1, 2, 3(B) and 5 require completion
Standard form of Caveat - does not prevent registration
Priority Notice noted on the Register - see Priority Notice page
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
In the past, on conversion of Crown land affected by a mortgage or charge to Torrens Title, the mortgagee or chargee was shown as the registered proprietor in the First Schedule and a Registrar General's caveat was recorded in the Second Schedule to protect the interest of the mortgagor or charger. These Registrar General's caveats were originally numbered separately and after 26 July 1976 were numbered Q1.
Prior to 31 August 1980, on conversion of Old System land affected by a mortgage or charge to Torrens Title, the mortgagee or chargee was shown as the registered proprietor in the First Schedule and a Registrar General's caveat was recorded in the Second Schedule to protect the interest of the mortgagor or charger. The Registrar General's caveat was numbered Q160000.
Before dealing with the title, except for discharging the mortgage or charge, the mortgagor must apply to be recorded in the First Schedule pursuant to section 39B Real Property Act 1900. The mortgage will then be recorded in the Second Schedule.
(B) The reference to title for the land affected by the Request must be stated.
(C) Does not apply.
(E) The full name of the mortgagor or charger must be stated and be identical to the name as shown in the Registrar General's caveat recorded on the Register.
(F) A short description of the nature of the Request and relevant legislation must be stated.
(G) Full details of the Request must be stated.
The registered Book and Number of the mortgage or charge must be stated.
The full name of the mortgagee or chargee, and the tenancy/shares if appropriate, must be stated and be identical to the name and tenancy/shares shown in the First Schedule of the Register.
The full name of the mortgagor or charger, and the tenancy/shares if appropriate, must be stated and be identical to the name and tenancy/ shares as shown in the Registrar General's caveat.
The registered number of the Registrar General's caveat must be stated.
NOTE: The Request cannot be used to transfer the land to a new party or alter tenancy/shares of the parties.
(H) The dealing must be executed by the mortgagor or charger and the mortgagee or chargee, and be witnessed, or be executed on their behalf as follows:
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Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Mortgagor etc |
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| Mortgagee etc |
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For execution by companies, witnessing requirements etc, see Execution of dealing forms page.
(I) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.
NSW legislation can be accessed at www.legislation.nsw.gov.au/.
Staff processing information
If in order proceed with registration except for the following.
Refer to Legal through the Senior Examining Officer
- if doubt exists as to the names, tenancy, shares etc.
- if the Registrar General's caveat refers to a subsequent mortgage or other qualification.
Registration procedure
Record the mortgagor or charger as registered proprietor
TRANSACTION RP
CODE (name) P, C or Q [name of mortgagor or charger]
TENANCY S, J2 etc, T etc.
Remove the Registrar General's caveat
ADD. TRANSACTION OFF
PRIME CODE code of Registrar General's caveat as shown on the Register
PRIME NO. number of Registrar General's caveat.
Record the mortgage or charge in the Second Schedule
ADD. TRANSACTION ON
PRIME CODE M, C or equivalent code of the interest
PRIME NO. the registered Book and No. of the interest
DETAILS as required for the interest.
Note Details of the request will be recorded in the Historical File in ITS.
Publication Date: March 2024