All Topics / General Property / Lodging a mortgage on CT

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  • Profile photo of chookstar81chookstar81
    Participant
    @chookstar81
    Join Date: 2010
    Post Count: 12

    Hi Everyone,

    Just wondering if anyone knows how to lodge a mortgage on a certificate of title? I'm looking at loaning someone money to buy a property and although we have a loan agreement in place i want to be able to force the sale of the property only if the other party defaults. If i lodge a Caveat doesn't that mean i'll only get my money back if/when they sell the property cause then i would have to lift it in order for them to settle? If i lodge a mortgage won't i be able to sell the property to repay the debt like a bank would?

    Does anyone know how to go about it or can only banks do it?

    Thanks

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    You should be using a solicitor.

    But you can do it, just go to the land titles office
    http://www.lpma.nsw.gov.au/land_titles/dealing_forms/manual_dealing_forms

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of chookstar81chookstar81
    Participant
    @chookstar81
    Join Date: 2010
    Post Count: 12

    Thanks Terryw, but i'm in WA and i've been looking at Landgate who does our CT stuff and can't find anything………so it's possible for an individual to lodge a mortgage?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    yes, its possible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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