Postponement of mortgage

Form 05PM (PDF 550 KB)

Dealing type - PM

Legislation - s56A Real Property Act 1900

Stamp duty - not required

Certificate of Title - required.

NOS form - not required

Standard form of Caveat - does not prevent registration.

Priority Notice noted on the Register - see Priority Notice page.

Note  A charge or covenant charge cannot be postponed with other charges, covenant charges or mortgages.

See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.50].

The mortgagees of all mortgages registered or given priority between the mortgages being postponed must be a party to the dealing.

(A) The reference to title for the land affected must be stated.

A registered mortgage may be postponed in favour of another registered mortgage as regards any folio of the Register that is common to both mortgages.

A postponement affecting part of the land mortgaged within a folio of the Torrens Title Register or part of the sum secured cannot be registered.

(C) The full name of the mortgagor must be stated and must be identical to the name of the registered proprietor as shown on the Torrens Title  Register.

(D) The registered number of the mortgage being postponed must be stated.

(E) The registered number, date of execution (if available) and the full name of the mortgagee must be stated for each mortgage and must be entered in the desired order of priority.

(F) The words 'as varied by Variation of Mortgage [dealing number]' must be included where a change in priority affects a mortgage that has been varied.

(G) More than two mortgages may be varied.

(H) The dealing must be executed by all of the mortgagees and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Mortgagee gaining priority Tick Tick Tick Tick
Mortgagee losing priority Tick Cross Tick Cross

Note  If several mortgages by the same mortgagee are involved, the mortgagee need only execute the dealing once and refer to the dealing numbers of those mortgages.

See execution requirements for companies, witnesses etc pages.   

Staff processing information

If in order proceed with registration.

Registration procedure

PRIME CODE    PM

DETAILS    [number of mortgage gaining priority], [number of mortgage losing priority].

To give priority to a mortgage which has been varied

DETAILS    [number of mortgage gaining priority] As Varied By [number of variation], [number of mortgage losing priority].

Note  Previous postponement of mortgage notifications recorded on the Register affecting the same subject mortgages may be removed.