Transfer by way of discharge of mortgage

Form   01DT (PDF 500 KB)

Dealing type - DT

This form is used where a mortgagee is shown as the registered proprietor in the First Schedule and the mortgagor's interest is protected by a Registrar General's caveat in the Second Schedule.

Stamp duty - not required.

Certificate of Title - required.

NOS form - required.  Panels 1, 2, 3B and 5 require completion.

Standard form of Caveat - prevents registration.

The Registrar General's caveat will be withdrawn on registration of the transfer.

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

Note  Lodgment of a Discharge of Mortgage form 05DM rather than a Transfer by Way of Discharge of Mortgage form 01DT is unacceptable.

Ministers consent is not required for a Crown land tenure.

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

(C) The full name of the transferor must be stated and must be identical to the name shown in the First Schedule on the Register.

(D) The full name of the transferee must be stated and must be identical to the name of the mortgagor as shown in the Registrar General's caveat.

Where a mortgagor has died the surviving mortgagor or executor etc should be the transferee and satisfactory evidence of the death of the mortgagor should be furnished, eg death certificate or probate.

(E) Where there is more than one transferee, the tenancy/shares must agree with that shown in the Registrar General's caveat.

(F) The consideration is optional.

(G) If other than an estate in fee simple is being transferred, the words 'fee simple' must be deleted and the appropriate estate inserted. If more than one type of estate is being transferred, the particular estate of the references to title at Note (A) must be indicated.

(H) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated. The dealing may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.

A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.

See execution requirements for companies, witnesses etc pages. 

(I) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

Staff processing information

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

Where the Registrar General's caveat:

  • does not disclose the tenancy/shares of the mortgagors.
  • refers to a second mortgage or other interest.

Registration procedure

CODE (name)    P, C or Q  [name of transferee]

TENANCY    S, J2 etc, T etc.

ADD. TRANSACTION    OFF

PRIME CODE    code of Registrar General's caveat as shown on the Register

PRIME NO.    number of the Registrar General's caveat.