Mortgages

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

Fixed sum mortgages are a template instrument and will register automatically. This is so even if detailed information is inserted in the fixed sum field.

A practitioner acting on behalf of the landowner-mortgagor often also certifies on behalf of the mortgagee when registering a new mortgage or when discharging an existing mortgage.

Practitioners are reminded to retain ANZ’s covering email when receiving instructions for mortgage discharge authorities via their SOLD service.

Section 106 of the Land Transfer Act 2017 deals with the discharge of a mortgage securing an annuity or rentcharge.

This page covers the registration of mortgages held on escrow.

This page sets out the requirements for a mortgage priority instrument (also known as a Memorandum of Priority) (MP) lodged by e-dealing.

A covenant under s 240 of the Resource Management Act 1991 (RMA) and a certificate under s 77 of the Building Act 2004 (BA) hold allotments together and prevent separation by transfer, lease or disposal.

Important information for creating a partial discharge of mortgage (or encumbrance etc) in the context of a boundary adjustment dealing.

Section 101 of the Land Transfer Act 2017 sets out the consent requirements when registering a variation of mortgage. Consent from an existing encumbrancee is included in this provision.