Form 05PM
Dealing type - PM
Legislation - section 56A Real Property Act 1900.
NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.
Stamp duty - not required.
NOS form - not required.
Standard form of Caveat - does not prevent registration.
Priority Notice noted on the Register - see Priority Notice page.
NOTE: A charge or covenant charge cannot be postponed with other charges, covenant charges or mortgages.
NOTE: The mortgagees of all mortgages registered or given priority between the mortgages being postponed must be a party to the dealing.
NOTE: A registered mortgage may be postponed in favour of another registered mortgage as regards any folio of the Register that is common to both mortgages, i.e. it does not matter if the mortgages which are the subject of the postponement also affect other folios of the Register.
NOTE: A postponement affecting part of the land mortgaged within a folio of the Register or part of the sum secured cannot be registered.
(A) The reference to the folio of the Register for the land affected must be stated.
(C) The full name of the mortgagor must be stated and must be identical to the name of the registered proprietor as shown on the Torrens Title Register.
(D) The registered number of the mortgage being postponed must be stated.
(E) The registered number, date of execution (if available) and the full name of the mortgagee must be stated for each mortgage and must be entered in the parties agreed order of priority.
(F) The words 'as varied by Variation of Mortgage [dealing number]' must be included where a change in priority affects a mortgage that has been varied.
(G) More than two mortgages may be postponed.
(H) The dealing must be executed by all of the mortgagees and be witnessed, or be executed on their behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Mortgagee gaining priority |
 |
|
|
|
| Mortgagee losing priority |
|
 |
|
|
Note If several mortgages by the same mortgagee are involved, the mortgagee need only execute the dealing once and refer to the dealing numbers of those mortgages.
See execution requirements for companies, witnesses etc pages.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
If in order proceed with registration
Registration procedure
WHERE NO OTHER NOTIFICATIONS APPEAR BETWEEN OR AFTER THE MORTGAGES
TRANSACTION OFF
PRIME CODE code of mortgage being postponed
PRIME NUMBER number of mortgage being postponed
ADD TRANSACTION ON
PRIME CODE code of mortgage being postponed
PRIME NUMBER number of mortgage being postponed
ADD TRANSACTION UNDR
PRIME CODE code of mortgage gaining priority
PRIME NUMBER number of mortgage gaining priority
SUB CODE UPM
DELIVERY DETAILS 11T
WHERE THERE ARE NOTIFICATIONS BETWEEN AND/OR FOLLOWING THE MORTGAGES
TRANSACTION OFF
PRIME CODE code of mortgage gaining priority
PRIME NUMBER number of mortgage gaining priority
ADD TRANSACTION BFOR
PRIME CODE code of postponed mortgage
PRIME NUMBER number of postponed mortgage
NOTIFN CODE code of mortgage gaining priority
DEALING NO number of mortgage gaining priority
ADD TRANSACTION UNDR
PRIME CODE code of mortgage gaining priority
PRIME NUMBER number of mortgage gaininy priority
SUB CODE UPM
DELIVERY DETAILS 11T
Publication Date: June 2025