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

Transfer with a mortgage noted on the Register

Where a mortgage is noted on the Register affected by a transfer for value that is in order for registration take the following action:

  • if the mortgage is noted in the Encumbrances, the transfer may be registered
  • if the certificate of title has been produced by the mortgagee to allow registration of the transfer, the transfer may be registered
  • in Personal Lodgment advise the lodging party of the mortgage and its implication.  If they require immediate registration marginally note the dealing accordingly.
  • in Advance Lodgment accept the transfer for lodgment and send a Mortgage Noted form 10-0180C to the lodging party, ie:

"Your attention is drawn to registered mortgage No....  It is my intention to register the above transfer on [28 days from the date of the form] unless advice is received from you prior to this date".