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News and Notices - Land Registry

Signature lines on Mortgagees Transfers submitted electronically

When a property is sold at a mortgage sale and acquired by either the mortgagee or by a third party who purchased at the mortgage sale, the electronic transfer that is populated as a result does not reflect the fact that the owners on title have defaulted on the mortgage and therefore, the Qualifier field on the Transferor screen for the owners, which is not editable, cannot be updated with the qualifier of "Estate", and obviously there is no Transferor screen for the name of the mortgagee as owner pursuant to the mortgage sale.

Please note that it will no longer be acceptable to have signature lines for owners in default with the caption of "signature not required", and such submissions will be rejected by Registry Office Staff.

What will be acceptable for registration is for only one signature line to appear, namely the signature line associated to the Mortgagee, In Trust for the owners in default.

For the signature lines of the owners/mortgagors in default not to appear at the bottom of the electronic transfer, do not select the owners that are populated upon creation. Completely re-enter the owners as new Transferors with the same address and as per the attached Transferor screen shot, select the Qualifier of "Estate". That will ensure that the signature lines for the owners/mortgagors in default do not appear at the bottom of the Transfer.

To reflect the mortgagee as owner, enter the mortgagee as a new Transferor and click on the Qualifier of "In Trust". That will populate the signature lines for the mortgagee and will reflect that the mortgagee is executing the transfer, in trust, for the mortgagors/owners in default.

Please note that the instructions above may be applied to the submission of mortgages or collateral mortgages, provided that the the explanations as to the same name are in the attached Schedule D and form part of the instrument on registration.


 
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