TM
Form 021

Lodging Party

Box Number

TRANSFER OF MORTGAGE

PRIVACY COLLECTION STATEMENT (PRIVACY ACT 1988 (C’WLTH)) OVERLEAF

The transferor transfers to the transferee the estate or interest in the mortgage described in item 1.	

1. LAND
Vol:Fol	District/Division	Section	Block	Unit	Mortgage No/
Associated Dealing No		
     	     	     	     	     	     		

2. TRANSFEROR / SELLER
Full name (Surname last)
     	Estate or Interest Transferred
     

	

3. TRANSFEREE / BUYER
Full name (Surname last)
     	Full Postal Address (after transfer)
     

	

4. FORM OF TENANCY (delete whichever is not applicable)

Joint Tenants   /   Tenants in Common in the following shares       

5. CONSIDERATION
     	

6. EXECUTION
Signed in my presence by the transferor

Signature of transferor		Full Name of Witness

Signed in my presence

Signature of Witness                                                      	

Signed in my presence by the transferee / transferees solicitor

Signature of transferee / transferees solicitor and full name of solicitor, where the solicitor is executing on behalf of the transferee		Full Name of Witness

Signed in my presence

Signature of Witness                                                      	

7. DATE
     	

8. DATES
Agreement for Sale Date	 	Settlement Date 		

9. OFFICE USE ONLY
Lodged by	 	Certificates Lodged		
Data Entered by		Attachments Lodged		
Examined by				
Registered by		Registration Date		
PRIVACY STATEMENT
S.43 of the Land Titles Act 1925 (LTA) authorises the Registrar-General to collect the information required by this form for the establishment and maintenance of the Land Titles Register.  S.65-67 LTA requires that the Register be made available to any person for search, upon payment of a fee. The information is regularly provided to various ACT Government agencies, including the ACT Department of Urban Services, ACT Planning  and Land Authority (ACTPLA), ACT Treasury, Canberra Connect and ActewAGL for conveyancing, municipal account, administrative, statistical and valuation purposes.  ACTPLA and agencies within the ACT Department of Urban Services may also use the information supplied to prepare and sell property sales reports to commercial organisations concerned with the development, sale or marketing of land.  	

SCHEDULE OF NOTES
1.	This form is to be used only for a transfer of mortgage.  A transfer of mortgage is registered by making a note on the relevant folio of the register.  The certificate of title is not required.  
2.	Documents must be typed, or completed in black ink or biro.
4.	Alterations to information entered on the form should be made by crossing out (not erasing or obliterating by painting over) and should be initialled by the parties.
5.	If there is insufficient space in any panel use an annexure sheet.
6.	Volume and Folio references must be given.  
7.	Provide details of the mortgage number.
8.	Provide full names of the transferor who is undertaking the transfer, including the estate or interest transferred.
9.	Provide full names of the transferee, including their postal address.
10.	Provide the form of tenancy (joint tenants or tenants in common)
11.	Provide the consideration (sale price, deed, court order or by statute).
12.	Execution by
•	A Natural Person – Should be witnessed by an adult person who is not a party to the document.
•	Attorney – if this document is executed by an Attorney pursuant to a registered power of attorney, it must set out the full name of the attorney and the form of execution must indicate the source of his/her authority eg. “AB by his/her attorney XY pursuant to Power of Attorney ACT Registration No…… of which he/she has no notice of revocation”.
•	Corporation – Section 127 of the Corporations Act provides that a company may now validly execute a document with or without using a Common Seal if the document is signed by:

a.	Two directors of the company;
b.	A director and a secretary of the company; or
c.	Where the company is a proprietary company and has a sole director who is also the sole company secretary, that director. 
The following forms of execution are suggested –
With A Common Seal
The Common Seal of ABC Pty Ltd/Ltd ACN…..
was affixed in the presence of-
...................................(signature)	
...................................(director/secretary)*
(*repeat if necessary ie if two directors signing.  If signing as sole director and sole secretary, state ‘director/secretary’) 

Without A Common Seal
Signed by………Pty Ltd/Ltd ACN……..
...................................(signature)	
...................................(director/secretary)*
(*repeat if necessary ( ie if two directors signing.  If signing as sole director and sole secretary, state ‘director/secretary’) 

NB	The normal witnessing provisions in the Land Titles Act 1925 do not apply to execution by a corporation as above, but do apply to execution by the attorney of a corporation.