Old system mortgage recorded on a folio of the Register

The Registrar General is authorised to record on a folio of the Register the particulars of all subsisting estates or interests affecting the land, see section 32(1)(c) Real Property Act 1900. An Old System mortgage carried forward as a subsisting interest after the registration of a Conversion Action or Primary Application, i.e. "Bk ... No. Mortgage To ..." has the same status as a Real Property Act mortgage. See section 39A Real Property Act 1900.

All subsequent dealings with the mortgage must be drawn on the appropriate Real Property Act dealing forms. 

Where a common law mortgage has been recorded in a folio of the Register created pursuant to a Primary Application or an action under Part 4A of the Real Property Act 1900, the discharge of mortgage should be made on the appropriate form.

All NSW legislation can be accessed at www.legislation.nsw.gov.au/
 

Publication Date: June 2025