Mortgage of a Mortgage (sub-mortgagee)

Where a sub-mortgage is made by way of mortgage, the National Mortgage form should be used.

NOTE: This dealing type must be lodged as a Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

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 section 52A Real Property Act 1900.

See Discharge of mortgage for more information on discharging a mortgage.

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

Publication Date: June 2025