On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Rights of a sub-mortgagee

With registration of a mortgage of a mortgage the rights of the head mortgagee are assigned to the sub-mortgagee. 

Any dealing with the head mortgage must be made by the sub-mortgagee or with the sub-mortgagee's consent. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [375.100]; s52A Real Property Act 1900.