eConveyancing: mortgagee in possession

The process and requirements for entering a transaction involving a mortgagee in possession into Online Duties for verification by an ELNO.

Verifying the transaction

When entering a mortgagee in possession transaction into Online Duties, the transaction can be verified electronically if:

  • there is a single lender/mortgagee (even if there are multiple borrowers/mortgagors) and
  • all other details such as land, party name details, tenancy type and consideration match in Online Duties and the ELNO.

The transaction must also meet the following standard requirements for all eConveyancing transactions:

  • There must be an agreement in place.
  • The transfer must be in conformity with the agreement (and therefore qualify for no double duty).
  • The transaction must not be listed as ineligible for eConveyancing.

Entering details in Online Duties

When entering the party details for the seller(s):

  • select Company for the ‘Name Type’ field.
  • select 'Mortgagee in Possession’ for the ‘Acting in capacity as’ field (only available if ‘Company’ is selected as the name type).
  • enter the name of the mortgagee in the ‘Company Name’ field.
  • select whether the Mortgagor (proprietor on the title) is an Individual or a Company.
  • enter the name of the mortgagor in the fields provided.

Please note -

  • The ACN for mortgagee is not a mandatory field.
  • The mortgagee name will be carried forward if there are multiple borrowers/mortgagors.
  • All other details of the transaction entered into Online Duties must match the details of the transaction in the ELNO.
Screenshot of party details in Online Duties
Screenshot of party details in Online Duties
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