Office Circular No. 13/2018

OFFICE CIRCULAR No. 13/2018

DATE:   12 DECEMBER 2018

CIRCULAR MEMORANDUM: 13/2018

DISTRIBUTION:  GENERAL

SUBJECT: LAND TITLES ACT 1980 – NATIONAL MORTGAGE FORM

By way of Circular 8/2018 dated 20 June 2018, I informed you that I will accept for lodgment mortgages not prepared on the national mortgage form until and including the 31 December 2018.

I have reviewed this decision and the deadline has been extended to the 31 March 2019.

Whilst the deadline has been extended, I encourage you to use the national mortgage form for all new mortgages. On and after 1 April 2019 all mortgages lodged must be prepared on the national mortgage form.

I have decided that I will consider written requests to apply the discretion provided in section 50(3) of the Land Titles Act 1980 in relation to mortgages not using the national mortgage form executed prior to 31 March 2019 and lodged after this date.  They will be considered on a case by case basis. 

Reasons why the national mortgage form can't be used must be provided in a covering letter lodged with the mortgage form.

Section 50(3) will not be available for mortgages executed after 31 March 2019.

If the mortgage was entered into prior to 1 July 2007 when duty was payable, payment of the duty must be evident on the document before it can be submitted for registration.


ALICE KAWA

Recorder of Titles


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