Entering names in transfers and mortgages

As a general rule, any details other than the name should not be entered in the name field. So if there is any other information relating to the name, such as 'transferees with no survivorship', this should not be entered in the name field. When entering a name, think about searching this title in the future and how would you search for the name (i.e. if you entered additional details and you later searched on the name only, you would not get a result).

Transfers

• Corporate names should only be entered in full into the Corporate Name field. They should never be split between the Given Name field and Family Name field, or entered into the Family Name field alone.
• Corporate names are any names other than a private individual, e.g. Company Name as recorded at the Companies Office, Crown entities, councils, banks, Her Majesty the Queen etc.
• You need to use a separate line for each Transferee, e.g. if there were two companies to be displayed as the new registered owners then for the second name you would add a line and enter the company name in the Corporate Name field on the blank row.
• Only the transferee/s name should be entered in these fields; any other information such as 'transferees with no survivorship' should be entered by selecting the complex mode and using the Add Text button.

The following are some scenarios for entering names for transferees.

Scenario 1: Corporate Transferee. Vendor (A) – John Thomas Smith is transferring to Purchaser (B) – The Minister of Conservation on behalf of Her Majesty the Queen (Corporate name)

• How do you complete the template?
  • Step 1 – select correct Mode (Radio Button) Part of Land/Complex
  • Step 2 – confirm Transferor/s Name/s are correct and check the Transferor column for each transferor
  • Step 3 – click Display Transferor; this confirms that you have selected the correct Transferor/s
  • Step 4 - enter the transferee name in the correct field. In this instance in the Corporate Name field only enter Her Majesty the Queen
  • Step 5 - click Display Transferee
  • Step 6 - click Display Resulting Ownership to confirm how this will look on the title
  • Step 7 - click Add Text to enter the purpose the land is to be held for (adding Text will ensure that the instrument steps down to lodge for LINZ to amend the title)
  • Step 8 - click Preview to view and check the added text displays correctly

Scenario 2: Two Corporate Transferees DMP Property Developments and Gordon Consulting Limited

• How do you complete the template?
  • Step 1 – check Transferors Name/s are correct
  • Step 2 – enter the transferee name in the correct field. In this instance the Corporate Name field
  • Step 3 – click Add and enter second transferee name on the new line. In this instance the Corporate Name field
  • Step 4 – click Display Resulting Ownership to confirm how this will look on the title

Scenario 3: Two transferees – (A) John Thomas Smith and (B) Gordon Consulting Limited

• How do you complete the template?
  • Step 1 – select correct Mode (Radio Button) Part of Land/Complex
  • Step 2 – check Transferor/s Name/s are correct and check the Transferor column for each transferor
  • Step 3 – click Display Transferor; this confirms that you have selected the correct Transferor/s
  • Step 4 – enter the transferee name in the correct field. In this instance (A) John Thomas Smith in the Given Name/s and Family Name fields
  • Step 5 – click Add and enter (B) Gordon Consulting Limited in Corporate Name field on the new line
  • Step 6 – click Display Transferee this displays the names entered and how they will be shown on the title
  • Step 7 – click Add Text to enter any conditions, clauses or intent in the instrument
  • Step 8 - click Display Resulting Ownership to confirm how the names will appear on the title
  • Step 9 – click Preview to check that the additional text that has been entered is correct and there are no spelling mistakes

This scenario would also be used for:

• A for her/his lifetime

Mortgages

Let's have a look at some complex mortgages, those with multiple mortgagees and extra information or clauses.

• Always enter each mortgagee on a separate line
• Use the add button to give you a blank row
• Ensure the Joint check box is checked if required
• If mortgagees are to have shares then uncheck the Joint check box and enter the share in the Share of Mortgage field
• For any information other than the mortgagee name use the Part of Land/Complex Mode and click the Add Text button to enter the information such as a limited liability clause
• Always preview to check that the details display correctly

Scenario: John Thomas Smith and Gordon Consulting Limited are the current registered owners they have mortgaged their property with three private mortgagees (A) – Ethel Margaret Floyd (B) – Duane Marcus Floyd and (C) - Angel Kirk Santa

• How do you complete the template?
  • Step 1 – select correct Mode (Radio Button) in this case All of Title (this is the default)
  • Step 2 – check Mortgagor/s Name/s are correct
  • Step 3 – click in Name field and enter mortgagee (A) Ethel Margaret Floyd in blank row
  • Step 4 – click Add to insert a blank row and enter mortgagee (B) Duane Marcus Floyd
  • Step 5 – click Add to insert a blank row and enter mortgagee (C) Angel Kirk Santa
  • Step 6 – complete relevant Mortgage details i.e. Memorandum Number, Type of Mortgage (All Obligations or Fixed Sum), Priority Amount
  • Step 7 – click Preview to check the mortgagee names displayed are in the correct order and mortgage details entered are correct.