Priority Notice noted on the Register - see Priority Notice page.
NOTE: The Foreclosure form 04FM is an application for the preparation of an order by the Registrar General vesting the mortgaged land in the mortgagee. The order, when issued, gives effect to the foreclosure.
An application for foreclosure under may be made by a registered mortgagee or covenant chargee on satisfaction of the requirements under s 61 of the Real Property Act 1900. When a foreclosure order is issued by the Registrar General and recorded in the Register, the mortgagor’s estate and interest vests in the mortgagee or covenant chargee (see section 62 Real Property Act 1900).
NOTE: The form may be suitably altered to refer to a covenant chargee where appropriate.
Minister's consent is required where the mortgaged land is subject to a Crown land restriction on dealings.
(A) The reference to the folio of the Register must be stated.
NOTE: Where a qualified title issued in the name of the mortgagee is affected, the order for foreclosure must be issued by a Court (see below).
(C) The full name of the registered proprietor must be stated and be identical to that shown on the Torrens Title Register.
(D) The full name of the mortgagee must be stated and be identical to that shown on the Torrens Title Register. The registered number of the mortgage must be stated.
(E) The statutory declaration must be made by the mortgagee or the mortgagee’s attorney. An authorised officer must make the declaration for a corporation. The capacity of the declarant must be stated.
(F) The period stated must be more than 6 months.
(G-O) The relevant clauses must be completed. The evidence as stated at Notes (L) to (O) inclusive must be furnished with the dealing.
NOTE: Where a foreclosure application has been requisitioned and amended, an up-to-date statement of accounts and a new statutory declaration should be provided.
(P) The statutory declaration must be made by the declarant stated at Note (E) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW, reference to the Oaths Act 1900 must be deleted, the relevant Act inserted, and the alteration verified.
(Q) 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.
A copy of the order for foreclosure of mortgage issued by the Registrar General must be marked by Revenue NSW and must be returned to NSW LRS for connection to the foreclosure application. When received by NSW LRS, the marked order will be registered as a dealing. No lodgment fee is payable.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Foreclosure under Order of Court
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
On issue of an order for foreclosure issued by a Court, the mortgagee must lodge a Request form 11R together with:
- a sealed copy of the order for foreclosure;
- a completed NOS form.
Staff processing information
Refer to Legal through the Senior Examining Officer. Attention should be drawn to any interests or caveats noted on the Register.
Refer to Legal for direction. NOTE: Before proceeding with registration as directed by Legal Division of an Order affecting a manual folio of the Torrens Title Register, search Manual Title Inquiry in ITS. Refer the case to Legal if subsequent dealings have been lodged.
Registration procedure
Proceed with registration as directed.
Publication Date: June 2025