As outlined in Bulletin No. 277, the Registrar of Titles determines these requirements under section 182A of the TLA. Commencing 1 August 2016:
1. A discharge of mortgage document, properly executed and lodged for registration with no other documents for the same certificate(s) of title, must be lodged by the mortgagee, or their conveyancer, lawyer or lodging agent.
2. A mortgage document, properly executed and lodged for registration with no other documents for the same certificate(s) of title, must also be lodged by the mortgagee, or their conveyancer, lawyer or lodging agent.
3. If:
- the mortgagee to a discharge of mortgage or mortgage document is an Authorised Deposit-taking Institution (ADI) as described in the Banking Act 1959 (Cth); and
- the mortgage to the discharge of mortgage or mortgage document is a mortgage for the purpose of the National Credit Code, as described in the National Consumer Credit Protection Act 2009 (Cth).
A discharge of mortgage or mortgage document must be lodged by the mortgagee or their conveyancer, lawyer or lodging agent through an Electronic Lodgement Network (ELN) such as Property Exchange Australia (PEXA). If the ELN is unavailable for at least one business day this requirement does not apply.
Compliance with Changes
Compliance with these changes will be covered by Landgate’s Lodgement Acceptability Check (LAC). From 1 August 2016, documents that do not comply will not be accepted for lodgement. For example:
- A standalone mortgage or discharge of mortgage that is required to be lodged via an ELN will not be accepted for paper lodgement.
- A discharge of mortgage presented for lodgement by a registered proprietor on behalf of a discharging mortgagee will not be accepted for lodgement.
The requirement will be become available on the Landgate website. For further information, contact Landgate’s customer service team on +61 (0)8 9273 7373 or email customerservice@landgate.wa.gov.au.
Jean Villani
REGISTRAR OF TITLES
