NSW mortgage registration checklist
NSW mortgage registration runs under the Real Property Act 1900 and is lodged through NSW Land Registry Services, usually via PEXA. This checklist is for solicitors and conveyancers registering a new mortgage.
This is a 12-step checklist for registering a mortgage on a NSW Torrens title. It covers VOI, form preparation, duty, PEXA lodgement, and confirmation of registration.
The checklist
Verify borrower identity
Complete VOI under the NSW LRS Conveyancing Rules and keep evidence on file.
Confirm authority to deal
Obtain the borrower's client authorisation form permitting the practitioner to sign electronically.
Review mortgage terms
Review the memorandum of mortgage filed at NSW LRS and confirm referenced in the mortgage form.
Prepare Form 05M mortgage
Prepare the mortgage form in PEXA with borrower, mortgagee, and title details.
Check existing encumbrances
Run a title search and confirm priority and any consents required from prior mortgagees.
Assess mortgage duty
Confirm mortgage duty abolished in NSW from 1 July 2016 and no duty payable on registration.
Calculate lodgement fee
Calculate the NSW LRS lodgement fee and account for it in the PEXA financial settlement schedule.
Obtain lender execution
Coordinate digital signing by the lender's authorised subscriber in PEXA.
Coordinate with outgoing mortgagee
If refinancing, coordinate with the discharging mortgagee to release title at settlement.
Settle and lodge
Complete PEXA settlement and lodge the mortgage for registration at NSW LRS.
Confirm registration
Check title search post-lodgement and confirm the mortgage has been registered and is showing on title.
Send confirmation to lender
Provide the lender with title search showing the registered mortgage and close the matter.
When this checklist applies
Use whenever acting for a lender on a new NSW mortgage registration.
Common pitfalls
- Forgetting to link the correct memorandum of mortgage
- Missing lender authority to sign electronically
- Not checking priority against existing mortgages
- Lodgement fee not accounted for in PEXA
- Registration confirmation not sent to lender
Run this checklist on a real matter
Quillio can prepare the PEXA mortgage form, run this checklist, and confirm registration. See /practice-areas/property-lawyers or start a free trial.
General guidance for standard NSW mortgage registrations. Adapt for second mortgages, collateral securities, or commercial lending.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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