This is because a solicitor preparing documents in the e-dealing workspace has the same responsibility for ensuring the correct details are included as that solicitor would have in preparing a paper document. If any information is not correct then, as with a paper document, the risk and responsibility lies with the solicitor to take steps to correct it. With e-dealing, however, this can be a very straight-forward process.
Guidelines for entering mortgagee names:
In some instances, mortgagee names are being incorrectly entered on the Record of Title when an e-dealing mortgage is registered. Only the legal name of the mortgagee should be entered (e.g. the Company's registered name). This will avoid problems arising when discharging the mortgage.
Here are a few tips to remember when entering mortgagees:
- Where possible, use the Mortgagee Quick Codes or use the drop down menu for the mortgagee on the Prepare Mortgage screen.
- If the exact name of your mortgagee is not included in the drop down list, then you will need to type in the correct full name of the mortgagee instead of making a selection.
- Enter the mortgagee names as they are shown in the mortgage document or letter of instruction from the bank (i.e. if the mortgagee name starts with "The" make sure you enter "The").
- Additional information (e.g. location of the registered office or details of the registration or incorporation) that is included on the paper mortgage should not be included in the mortgagee field. For example, "The Manchester Unity regional Credit Union at Napier (the society)" should be entered only as "The Manchester Unity Regional Credit Union".
- Do not include references to trusts when entering the mortgagee name, as this contravenes Section 153 of the Land Transfer Act 2017.
- The word "Limited" forms part of a company name, when entering a mortgagee be sure to include it. For example, although many people refer to "ASB Bank" the correct name is "ASB Bank Limited".
- Make sure when you choose the mortgagee from the drop down menu or quick codes that you select the correct one. Some mortgagees have several companies with similar names (e.g. TEA Custodians (Interstar) Limited, TEA Custodians (Bluestar) Limited etc).
- Re-check your spelling. Ask a colleague to have a quick glance over your mortgage to check for errors.
Guidelines for entering title-holder's names:
Names are also occasionally entered incorrectly. The following few tips will help when entering title holder's names:
- In the Create Dealing screen of Landonline, you need to enter the forename first and the surname last (e.g. Jane Smith), as this is how the name will appear on the title.
- To ensure you get the spelling correct, make sure that you check the title-holder's name against the title-holder's proof of identity.
- If you make an error, there are several places (e.g. in the Certify and Sign screen) where you can see and correct it. You can also look at the Detailed Structured Text view to confirm that everything is correct.
The 'Fencing Covenant' check-box:
When creating an e-dealing, users will occasionally tick the Fencing Covenant check-box by mistake. If this happens, a memorial will also show on the title. You can see if you've made this error on any instrument view screen – there will be an extra line of text at the top.