Dealing type -
M (Mortgage of Fee Simple or Perpetual Lease)
ML (mortgage of lease)
SM (mortgage of mortgage)
MC (mortgage of charge)
Stamp duty - not required.
NOS form - not required.
Standard form of Caveat -
Mortgage - prevents registration.
Mortgage of Lease/Mortgage or Charge - prevents registration if the caveat is drawn against the mortgage, lease or charge.
Priority Notice noted on the Register - see Priority Notice page.
NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the electronic dealing must be used.
A mortgage cannot be recorded on the common property folio of a strata scheme (section 32(4) Strata Schemes Development Act 2015). A mortgage cannot be recorded on the association property folio (ie Lot 1) for a community, precinct or neighbourhood scheme (sections 21 and 23 Community Land Development Act 2021)
The dealing must not include any reference to the mortgagor or mortgagee being a trustee, executor or administrator for another party.
Minister's consent is required:
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where so specified in the restrictions notification on the Torrens Title Register; or
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where a notification referring to a Crown land restriction pursuant to section 102 Crown Lands Act 1989 is noted on the Torrens Title Register.
The Jurisdiction must be New South Wales.
Select the Lodgment type and apply.
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The estate and/or interest being mortgaged must be selected or inserted.
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Where an interest (lease or mortgage) is affected, the dealing number must be stated after the interest. In the case of a mortgage of lease affecting a lease folio, the number of the lease folio only must be stated in the reference to folio. A lease must still be current regardless of any options.
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The reference to folio for the land affected by the mortgage must be stated.
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Where part of the land is affected the land description must be stated.
A mortgage affecting part of a current lot, e.g. a mortgage of ‘part of the land formerly comprised in ’…', will not be accepted unless a mortgage is already registered to the same mortgagee affecting the remainder of the land in the folio. See section 56(4) Real Property Act 1900.
The full name of the mortgagor must be stated and must be identical to the name of the registered proprietor or the name of the lessee, mortgagee or chargee as shown on the Register. See Justification for a name discrepancy. The mortgage may be for a share or interest only.
LR Memorandum ID
The document ID number of at least one memorandum that has been lodged and registered with the NSW Land Registry must be specified.
Note: Please insert the memorandum ID without the check digit at the end, e.g. Memorandum ID is AA123456R enter as AA123456.
NOTE: Where a mortgage is only as regards the interest of a joint tenant, the mortgage is extinguished if the joint tenant dies. A Request form 11R to remove the mortgage may be lodged following the Notice of Death.
NOTE: Where other mortgages, leases, charges, and/or covenant charges are lodged together with the mortgage, the priority of registration will be based on the order of presentation, or an accompanying letter by the party ceding priority must set out the order of registration.
The full name of the mortgagee must be stated (and in the case of a corporation must include its ACN).
Tenancy/shares of each mortgagee must be stated where there is more than one mortgagee. Reference to the tenancy/shares will not be entered on the Torrens Title Register.
Document Reference panel. The document ID number of at least one memorandum that has been lodged and registered with the NSW Land Registry must be specified.
NOTE: Please insert the memorandum ID without the check digit at the end, e.g. Memorandum ID is AA123456R enter as AA123456.
A standard Memorandum prepared by the NSW Land Registry may be used. The document ID number is Q860000.
Additional terms and conditions may be added to up to 4000 characters or can be referred to an annexure. Any annexure must be identified as such. Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.
Execution requirements for National Mortgage
Execution by the mortgagor and the mortgagee and witnessed.
Required Schedule 3 Certification Rules (of the NSW Participation Rules) for mortgagee.
Where the mortgagor and mortgagee execute the mortgage
Execution by the mortgagee:
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on their own behalf or by an attorney or by an authorised officer - Rules 3, 4 & 5a
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by a representative such as an Australian Legal Practitioner or Licensed Conveyancer – Rules 1, 2, 3, 4 & 5a
Where the execution is by the mortgagee only
The mortgage may be executed by the mortgagee only or their representative with the appropriate certifications.
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on their own behalf or by an attorney or by an authorised officer - Rules 3, 4 & 5
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by a representative such as an Australian Legal Practitioner or Licensed Conveyancer – Rules 1, 2, 3, 4 & 5
Execution by mortgagee representative
Australian Legal Practitioners, law practices and Licensed Conveyancers, who act for mortgagees, must complete a client authorisation form which is available on the ARNECC website. The form is not required for lodgement of the NMF with NSW LRS.
https://www.arnecc.gov.au/publications/forms
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information mortgage
Where paper transactions involving only Discharges of Mortgage and Mortgages where all mortgagees are ADIs are lodged without a Lodgment Rules Exceptions form, the dealings must be accepted and a requisition raised. A dealing lodged in paper accompanied by a caveator’s consent or other supporting documentation may be accepted without a Lodgment Rules Exceptions form.
If in order proceed with registration except for the following.
Refer to SM99
Where the mortgage appears to create an easement.
Refer to SD6
A mortgage involving:
Refer to Legal through the Senior Examining Officer
A mortgage:
Registration procedure
PRIME CODE M (where no mortgagee code exists)
MA etc (where a mortgagee code exists in ITS)
CODE (name) P, C or Q where Prime Code M is selected [name of mortgagee].
Affecting the share/interest of a registered proprietor
DETAILS As Regards The Share/Interest Of [name of mortgagor].
Staff processing information mortgage of lease/mortgage or charge
If in order proceed with registration except for the following.
Refer to SD2
A mortgage of lease affecting a folio held or managed by SD2.
Refer to Legal through the Senior Examining Officer
A mortgage:
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of a lease for less than the full term of the lease
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where there is doubt as to the corporate status of the mortgagee
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affecting a Book and No. lease accompanied by evidence of devolution of the lease.
Registration procedure
Mortgage of lease or mortgage
PRIME CODE code of lease or mortgage as shown on the Register
PRIME NO. number of lease or mortgage
SUB CODE
ULM (lease)
UMM (mortgage)
CODE (name) P, C or Q [name of mortgagee].
Mortgage of charge
DEALING TYPE MC
PRIME CODE code of charge as shown on the Register
PRIME NO. number of charge
SUB CODE UA
DETAILS Mortgage Of Charge To [name of mortgagee].
Affecting a Book and No. lease with satisfactory evidence of devolution
ADD. TRANSACTION UNDR
PRIME CODE code of lease as shown on the Register
PRIME NUMBER number of lease
SUB-CODE ULD (Devolution Of Lease).
Further information on mortgage of lease/mortgage or charge
A mortgage of more than one lease, mortgage or charge involving the same mortgagor (e.g. the same lessee) and mortgagee is a multiple instrument. See Fees page.
A mortgage of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:
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be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100].an Old System search of the leasehold folio; or
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a statutory declaration made by the person who undertook the Old System search of the leasehold folio stating:
their qualification
that he or she has inspected all deeds since the leasehold folio was created to the present time
the registered Book and No. and type of all instruments inspected to show the leasehold folio has not expired and
the registered Book and No. and type of all instruments to which the leasehold estate is subject.