Authority update SA: Electronic Lodgement of Remaining Mortgages and Refinances

The South Australian Registrar will mandate electronic lodgement of the following dealing types:

  • All remaining stand-alone Mortgage dealings and
  • All stand-alone refinance transactions (i.e any combination of Mortgages and Discharges of Mortgage).

Any such documents executed on or after 12 February 2018 must be lodged through an Electronic Lodgement Network (ELN).

Exemptions that continue to apply are listed in Notice to Lodging Parties #196 Annexure A.

End to Transition Period

A reminder that the Real Property Regulations 2009 transition period whereby the Registrar-General has continued to accept Mortgages and Discharges of Mortgage for lodgement in the “old format” will expire on 31 December 2017.

After this date the National Mortgage Form and “new format” Discharge of Mortgage must be used.

PEXA System Release 7

Property Exchange Australia Ltd (PEXA) system release 7 scheduled for 6 November 2017 will introduce Document Hub, enabling Subscribers to the ELN operator to attach PDF documents to electronic mortgages and encumbrances. 

This will overcome the problem where the terms and conditions in a mortgage or encumbrance exceeds 4,000 characters and/or reference to standard terms and conditions deposited in the Lands Titles Office is not appropriate.

Subscribers will also be able to lodge Encumbrances and Discharges of Encumbrance electronically in South Australia with this release.

For more details on the next PEXA release view here.

Participation Rules Waiver

As the capability to lodge Encumbrances and Discharges of Encumbrance will be available prior to changes being made to Certification 1 Schedule 3 in version 4 of the Participation Rules, the Registrar General has granted a partial waiver PR1/2017 to reflect that (in addition to a transferor, transferee, mortgagee, mortgagor, caveator and applicant) an encumbrance or encumbrancer may be a party to which Certification 1 of Schedule 3 is applicable.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.