Prepare a transfer in Instrument mode

Use Instrument mode to transfer ownership of a mortgage, encumbrance or other interest, such as an easement instrument.

More than 1 affected instrument can be transferred, except when the instrument number is manually entered. You can only enter 1 affected instrument.

If you need to transfer a mortgage or other interest on titles that don't have common ownership, this can be done using Instrument mode.

Mandatory fields are marked by a red asterisk * and must be completed for successful pre-validation, certify and sign and submission.

Leases

For information on transferring a lease, see:

Transfer a lease

1: Navigate to the Prepare transfer page

To access the Prepare transfer page you can: 

• Select the instrument hyperlink to navigate to the Prepare instrument page when an instrument is collapsed.
• Select Prepare when an instrument is expanded.
• Use the menu that looks like a 3-dot icon at the end of an instruments row and select Prepare instrument.
   

2: Select Instrument mode

Select Instrument to change to Instrument mode.

Any mortgage instruments associated to the title are displayed under Transferors. The interest holders (mortgagees) are listed under each mortgage.
 

The mode type can be changed back to Simple if transferring full ownership over all affected titles.

Prepare a transfer in Simple mode

The mode type can be changed to Complex when:

• transferring only part of the land
• transferring on behalf of a third party
• dealing with only some of the transferors shares and/or interests on one or more titles
• adding specific clauses and wording.

Prepare a transfer in Complex mode

3: Select affected interest holders as the transferors

Select 1 or more interest holders as the transferors by ticking the checkboxes. The selected name(s) and interest(s) are automatically displayed in the summary screen on the right, under Transferors.
 

If there are mortgagees with the same name in 1 instrument, and not all instances of the mortgagee are selected, a warning appears. You won't be able to save your changes until this warning is resolved.
 

You will need to either:

• select all instances of the name in the instrument, or
• explain the intent for your mortgagee selection in the Additional Clauses, Conditions or Intent box below the Transferees section.
   

If needed, you can also do the following actions with the interest holders:

• change due to pending dealing
• revert or update names.

Change due to pending dealing

The Change due to pending dealing toggle below the transferors can be used to edit, add or delete the names displayed.  

For example, use when an instrument in a prior dealing is updating who the transferors will be, to add a new interest which is pending registration, or if dealing with protected (hidden) titles. 

You will need to confirm you want to modify the names before making any changes.
 

If adding a new pending interest holder, select +Add row, and type in the affected instrument number and the interest holder name.
 

Revert / update button

Use the Revert / update button above the Transferor section to reset the transferor name(s) to reflect the Register and any prior instruments in the dealing.

For example, when you select Revert / update:

• if names have been edited using Change due to pending dealing, they will revert to what is recorded on the Register
• if a prior instrument has been added to your dealing which changes the transferor, this will pull through the updated names.
   

4: Manually enter Instrument number, if needed

If the instrument you are transferring isn't a mortgage, check the Manually enter Instrument number checkbox to enter details for the instrument, such as an easement, or when dealing with a protected (hidden) instrument.

Enter the instrument number to be transferred.

Enter the Transferor name. Use a comma to separate names when there are multiple Transferors.

This instrument will step down to Lodge if these fields are used.

You can't enter a lease number in this field. For more information on transferring a lease, see:

Transfer a lease
 

5: Select whether the Transferees are Single or Joint or Shares

Select whether the Transferees are Single or Joint or Shares. The default setting is Single or Joint.

Use Single or Joint for either a sole transferee or joint transferees

Use the Shares button where transferees will hold the ownership in shares or amounts. Use a number, fraction or dollar value.

Shares will be disabled when an instrument number has been manually entered into the Transferor section. If you need to add shares to the transferees, use the Additional Clauses, Conditions or Intent field to explain the intent for the transferees.
 

6: Select or enter a Transferee

Select or enter a Transferee.

Click in the Name field to view a list of lenders that have associated quick codes. The most common lenders are listed first. Either scroll down the list or start typing the lender's name to filter the available options.

For other interest holders, for example, private individuals, type the name directly into the field and then select it from the drop-down field.

Use the Add Transferee button to add another transferee row.

Use the Add group button in the Shares mode to create a joint tenancy structure, including a field to indicate what share the joint tenancy holds.

Use the 3-dot icon to move transferees up or down in the list, create a joint transferee group, remove a transferee from a group or delete transferee rows.

7: Add additional details, if needed

Use the Additional Clauses, Conditions, or Intent field to include additional details, such as supplementary clauses and conditions, or to clarify the intent of the transfer. This field is for free text. Use this field to:

• explain additional clauses and conditions
• identify tenants
• clarify intent when transferring only part of the interest in the instrument. Make sure you clearly explain the intent. For example: 'To the effect that the residue of the title [title ref] remains subject to the caveat'.

This instrument will step down to Lodge if you enter text in this field.
 

8: Upload an attachment to support the transfer, if needed

Skip this step and go to Step 9 if you’re not uploading supporting documents.

Use the Attach image field to add PDFs to support the transmission if needed.

You can drag and drop a PDF into the Attach image field. Or you can select Browse and upload a PDF from your files. 

There is no limit on the number of PDFs you can attach, but all attachments together must not exceed 45 MB. You won’t be able to save the Prepare instrument page if any or all attachments exceed 45 MB.

Delete 1 or more attachments until the combined size is 45 MB or less.

You can view the attached PDF, by clicking on it. Or select Preview instrument to view the compiled instrument and attachments. 

Attaching an image will cause the instrument to step down to Lodge.

9: Insert names, if needed

Skip this step and go to step 10 if there aren't multiple conveyancing professionals acting for a single role. The Insert Names section will be hidden if this is the case.

If you've manually entered the instrument details and there are multiple conveyancing professionals acting for a role, for example, where there are 2 parties to an easement which have separate representation, use the Insert names section to add the names of each separate party.

This allows the conveyancing professional to select which party they're representing when making their certifications during the certify and sign process.

By default, individual fields are selected.

Select the corporate icon to add a corporate name.

Select +Add row to add another name.
 

10: Preview the instrument

The Summary tab will automatically update and display a read-only summary of some key details entered on the left-hand side of the page.

The resulting ownership will only appear and update each time the page is saved.  

Use the Preview instrument button to view, print or download the full instrument preview, including any ‘Add Text’ fields, certifications and signatures.
 

11: Save

Select Save at the bottom right of the page to save the information and stay on the Prepare instrument page.

Select Save & back to save the information and return to the Instrument & Roles page.