Registration error FAQs

Registration errors

Example 1

I have lodged a Discharge, Transfer and Mortgage against the wrong title.

Discharge of Mortgage over wrong title
- A new mortgage in substitution will need to be registered on the title that was incorrectly discharged. New A&I forms and letter of instruction from the Mortgagor and Mortgagee will be required.
- Discharge the mortgage from the correct title. The original mortgagee authorisation should be sufficient unless it refers to the incorrect title recorded; if so then fresh authority (A&I form/letter of instruction/paper discharge) will be required.
Transfer of the wrong title
- Transfer the incorrectly transferred title back to the original owner with new A&I forms from both parties.
  
  However, if you do not act for the original owner and cannot obtain an authority from them as transferee, please contact the Registrar-General of Land.
- Transfer the correct title. The original A&I forms should be sufficient unless they refer to the incorrect title; if so then fresh A&I forms will be required.
Mortgage over wrong title
- Discharge the mortgage from the incorrectly mortgaged title. Authorisation from the Mortgagee will be required.
- Register a new mortgage over the correct title. The original A&I forms and/or letters of instruction should be sufficient unless they refer to incorrect title; if so then fresh A&I forms/letters of instruction need to be completed.
  
  For further discussion on this topic, see article Risks of not checking e-dealing details (Landwrap January 2009).

Example 2

I have lodged a Transmission to the wrong person that has resulted in the title being registered in the name of a deceased owner.

You will not be able to obtain a new A&I from the registered proprietor to transfer the land to the correct person, so please contact the Registrar-General of Land.

For further discussion on this topic, see article Transmissions - statutory declarations and other issues (Landwrap October 2009).