Transfer of mortgage or charge

Form  W-01TM (PDF 266 KB)

Dealing type - TM

Legislation - s71D Water Management Act 2000

Stamp duty - Not required.

WAL Certificate - Not required.

Caveat noted on the WAL Folio - If specifically prohibited, refer to the SD6 for service of notice on the caveator.

Examination requirements for a transfer of a sub-mortgage are the same as those for a transfer of a mortgage.

Reference to trusts, or to the capacity of trustees, executors or administrators is not acceptable on a transfer, except for private water trusts, and will not be shown on the WAL title.

A transfer of more than one mortgage or charge involving the same transferor (e.g. the same mortgagee) and transferee is a multiple instrument.

(E) The number of the WAL affected must be stated.

(F) The tenure type of the WAL must be stated and agree with the tenure type shown on the WAL folio, i.e. Continuing or Supplementary.

(G) The registered number of the mortgage or charge being transferred must be stated.

(H) The full name of the transferor must be stated and must be identical to the name of the mortgagee or chargee as shown on the WAL folio. The ACN or ARBN of a company etc must be stated.

(I) If less than the whole of the mortgagee's or chargee's interest or share is being transferred, the share being transferred must be stated.

(J) The consideration is optional.

(K) The full name of the transferee must be stated.  The ACN or ARBN of a company etc must be stated.

(L) Tenancy must be stated where there is more than one transferee.  If tenants in common, the shares held must be stated. Reference to tenancy/shares will not be entered on the WAL folio.

(M) The postal address for service of notices on the mortgagee must be stated. For a subsequent change of address. Note  The address is not restricted to NSW

(N) The transfer must be executed by the transferor and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed.

Note  A solicitor, barrister or licensed conveyancer cannot execute on behalf of the transferor.

The transfer must be executed by the transferee and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed
  • solicitor or barrister.

Note  A licensed conveyancer cannot execute on behalf of the transferee.

See execution requirements for companies, witnesses etc pages.  Note  Requirements are the same as for Real Property Act dealings except where otherwise stated.

Staff processing information

Refer all dealings to SD31

Registration procedure - SD6

Transfer of mortgage

TRANSACTION  MOD

PRIME CODE    code of mortgage as shown on the WAL folio

PRIME NO.    number of mortgage

NEW PRIME CODE   M (where no mortgagee code exists)

MC etc (where a mortgagee code exists in ITS)

CODE (name)     P, C or Q where Prime Code M is selected  [name of all current mortgagees]

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Mortgage]).

Note  Previous under notifications that changed the mortgagee must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Change of name dealing number in the free text field in chronological order, e.g: AA123 Mortgage to Smith Bank Pty Ltd. See dealings AB456 AC789

Transfer of charge

TRANSACTION MOD

PRIME CODE    code of charge as shown on the WAL folio

PRIME NO.     number of charge

CODE (name)     P, C or Q [name of all current chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Charge]).

Note  Previous under notifications that changed the chargee must be removed by Departmental Dealing. The dealing numbers of the removed notifications must then be added to the oncoming Change of name dealing number in the free text field in chronological order, e.g: AA123 Charge to Smith Bank Pty Ltd. See dealings AB456 AC789