1: Navigate to the Prepare Memorandum of Priority page.
You can access the Prepare Memorandum of Priority page from the Instrument & Roles page.
To open the page, choose 1 of the following:
- Select the Memorandum of Priority hyperlink when the instrument details are collapsed.
- Select the Prepare button when the Memorandum of Priority instrument details are displayed.
- Select the 3-dot menu, to the right of the Memorandum of Priority instrument. Then select Prepare instrument from the 3-dot menu.
2: Check the Registered Owners are correct.
The registered owners will automatically display in the Registered Owners section.
The names of the owners may also reflect any change of ownership instrument prepared in the same dealing, prior to the Memorandum of Priority.
If needed, you can do the following actions with the registered owners:
- change due to pending dealing
- revert or update owner names
- view additional information for the owners.
Change due to pending dealing
Use the Change due to pending dealing toggle under the Registered Owners to edit the current owner details.
For example, use when an instrument in a prior dealing is updating who the registered owners will be, or if dealing with protected (hidden) titles.
Revert/update
The Revert/Update button above the Registered Owners section can be used to re-set the owners’ names to reflect the Register and any prior instruments in the dealing. For example, if the name has been edited using Change due to pending dealing it will revert to what is recorded on the Register.
Another example is if a prior instrument has been added to your dealing which changes the names of the registered owners. Using Revert/Update will pull through the updated names.
Additional Registered Owner details
To view other details such as an alias, suffix or birth date of a minor, select the person icon to the right of the registered owner.
If the person icon is filled in and blue it means there are additional details recorded for that registered owner.
3: Drag and drop the affected instruments to create the new priority (ranking).
All relevant instruments such as, mortgages and encumbrances, will be shown in their current priority ranking. This ranking is kept for reference in the Current rank column.
If needed you can use the Change due to pending dealing toggle under the Registered Owners to add an instrument which is pending registration in another dealing or edit the mortgagee or encumbrancee names.
To record the new priority order select the 6-dot icon next to an affected instrument and drag and drop it into its new priority ranking. The relative priority of the other instruments will also update. For example, if you move an instrument from priority 3 to priority 1, then what was priority 1 becomes priority 2 and what was priority 2 becomes priority 3.
If needed repeat this step with other affected instruments until the new priority order is correctly shown in the New rank column.
If your instrument has multiple Title groups, complete this task for each group.
Select view/split group titles to create customised groups
If you want to customise your title groups to make prioritisations for specific titles, select the View/split group titles button. This could be needed if a pending dealing has created a different group to what is currently recorded on the Register.
Upon selecting the split button, a View titles/create new group from selection slide out panel will appear.
Select the titles you want to form into a new group, then select the Split button.
The affected titles will appear in a new Title group.
Merging Title groups
Upon save you'll be asked if you want to merge any identical Title groups – groups which contain the same instruments with the same new and current rankings. Select Confirm to merge the Title groups or Cancel to return to your draft work.
If during a session you want to merge any groups you’ve split, select the Merge groups button which will appear above the first Title group in the Ranking section. This button only appears when Title groups have been split but still have identical ordering.
You will need to confirm the merge in a separate confirmation box. This will merge any groups in the instrument which contain the same instruments with the same new and current rankings. If you have differentiated the groups in any way, for example, setting a different New rank order, they will not merge.
Restore to initial
If you want to undo your priority ranking changes for all Title groups select Restore to initial, which is above the first Title group in the Ranking section. This button is hidden, until at least 1 priority change has been made. You will also need to confirm you want to revert all title groups back to the initial priority orders.
4: Check the new priority order and affected instruments are correct.
Check the new priority order is correctly set out in the New rank column for each Title group, where relevant.
The Affected column sets out which instruments are affected, which signals which chargeholders need to be party to the instrument.
An instrument can be affected even if it's not changing priority. For example, when a different mortgage is taking priority over it.
If there is a prior Memorandum of Priority on the titles, you will be prompted to manually select which instruments are affected.
5: Add exceptions to implied terms, if needed.
Check the Add exceptions checkbox and enter any exceptions in the The exceptions are text box if there are any variations to the terms implied by:
Schedule 4 of the Land Transfer Regulations 2018
Adding exceptions will cause the instrument to step down to Lodge.
6: Upload an attachment to support the exceptions to implied terms, if needed.
Skip this step and go to step 7 if no exceptions are being added to the Memorandum of Priority.
Use the Attach image field to add pdfs.You can:
- drag and drop a PDF into the Attach image field,or
- select Browse and upload a PDF from your files.
Each PDF cannot exceed a file size of 45 MB. You can attach PDFs with a combined file size of 45 MB. You won’t be able to save the Prepare instrument page if any or all attachments exceed 45 MB.
Delete 1 or more attachments until the combined size is 45 MB or less.
You can view an attached PDF:
- by clicking on it, or
- select Preview Instrument to view the compiled instrument and attachments.
Attaching an image will cause the instrument to step down to Lodge.
7: Check the instrument details.
The Summary tab will automatically update and display the affected records of title and the registered owners.
For a full instrument preview, including the new priority ranking, select Preview instrument.
8: Save the instrument details.
Select Save to save information and remain on the Prepare Memorandum of Priority page.
Select Save and back to save the information and return to the Instrument & Roles page.