Prepare a mortgage in Instrument mode

See also:

• Fixed Sum Mortgages
• Search lender's mortgage memorandum.

Overview

Use Instrument mode to mortgage a mortgage, an encumbrance or other interest, including lease or easement instrument.

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

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

Leases

If a Leasehold Title or Composite Title has been created for a lease, use either All or Complex mode to complete the mortgage.

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What to do

1. Navigate to the Prepare instrument page.

• When an instrument is collapsed select the instrument hyperlink to navigate to the Prepare instrument page.
• When an instrument is expanded select the Prepare button.
• Use the three-dot icon at the end of an instrument’s row and select Prepare instrument.  

 

2. Select Instrument to change to this mode.

• The mode type can be changed back to All if the mortgage is for all registered owners over all of the affected titles.

      Prepare a mortgage in All mode

• The mode type can be changed to Complex if the mortgage is only affecting part of the land; when dealing with only some of the mortgagors shares and/or interests on one or more titles; or when adding specific conditions or clauses to the instrument. 

  Prepare a mortgage in complex mode.  

   

  

3. Check the Only part of the land to be mortgaged checkbox if the interest being mortgaged is for only part of the land and enter the legal description into the textbox provided.

• The Description of Part field is a free text field and has a maximum of 500 characters.
• Ensure you include all the details required, such as Part Lot 1 LT12345 formerly comprised in Lot 2 DP6789.
• This instrument will step down to Lodge if this field is used.  

 

4. Select one or more instruments to be mortgaged. The names of the interest holders will automatically display. However, you can use the:

• Change due to pending dealing toggle under the mortgagors to edit, add or delete the names displayed. For example, use when an instrument in a prior dealing is changing an interest holder. 

• Revert / Update button above the Mortgagors section to re-set the interest holder's name to reflect the Register and any prior instrument in the dealing. For example, if the interest holder's name has been edited using Change due to pending dealing, it will revert to what is recorded on the Register.  Or, if a prior instrument has been added to your dealing which changes the interest holder, using Revert / Update will pull through the updated names.

   

  

   

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

• Enter the instrument number to be mortgaged.
• Enter the Mortgagor name. Use a comma to separate names when there are multiple Mortgagors.
• This instrument will step down to Lodge if these fields are used.

 

6. Select whether the Mortgagees are Single or Joint or Shares.

• Use Single or joint for either a sole mortgagee or joint mortgagees.
• Use the Shares button where mortgagees will hold the mortgage in shares or amounts (use a number, fraction, or dollar value). However, Shares will be disabled when an instrument number has been manually entered into the Mortgagor section.   

 

7. Select or enter a Mortgagee.

• Click in the Name field to view a list of common mortgagees 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 mortgagees (for example, private mortgagees), type the name directly into the field and then select it from the drop-down field.
• Use the Add Mortgagee button to add another mortgagee 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 three-dot icon to move mortgagees up or down in the list, create a joint mortgagee group, remove a mortgagee from a group or delete mortgagee rows.

 

8. Enter the Mortgage details.

• Click on the Memorandum number field to look up a memorandum. If the mortgagee has specific memoranda these will be listed first, followed by common or generic memoranda such as ADLS. Either scroll down the list (this is arranged from newest to oldest) or start typing part of the memorandum number to filter available options.

• Select either the All obligations or Fixed sum option and complete any required fields marked by a red asterisk.

• If the mortgage type is All obligations enter the Priority amount. This is not a mandatory field, but since it is commonly used a pre-validation warning will display if the field is blank.  

   

9. Use the Clarify intent (if required) field to include additional details, such as supplementary clauses and conditions or to clarify the intent of the mortgage.

This is a free text field. Use this field to:

• explain additional clauses and conditions
• identify tenants
• define the estate being dealt with when there are multiple estates on more than one affected title with different names and shares
• include information when there is no Memorandum Number for a mortgagee
• add a Substitution of Security clause for a mortgage.

Ensure you clearly explain the intent, such as: ‘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. 

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10. 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.  

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

   

  

11. Save the instrument details located at the bottom right of the page. 

• Use Save to save the information and remain on the Prepare instrument page. 
• Use Save & back to save the information and return to the Instruments & Roles page.