2nd mortgage registration.

Discussion in 'Legal Issues' started by Elicon, 3rd Mar, 2017.

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  1. Elicon

    Elicon Well-Known Member

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    2nd Feb, 2017
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    Melbourne
    Hi guys,

    With the new electronic lodgement system can a legal guru explain how a second mortgage can now be lodged? The bank has signed a deed of priority and now i need to register my mortgage over the asset. How does it work now and how quickly?

    Thanks
     
  2. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    Melbourne
    The second mortgagee will lodge the second mortgage. Their lawyers should liaise with the Land Titles Office. The exact process depends on whether the certificate of title is electronic or paper.
     
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  3. Elicon

    Elicon Well-Known Member

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    Melbourne
    Thanks Kate. Can a mortgage be registered if a caveat exists?
     
  4. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

    Joined:
    25th Jun, 2015
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    Location:
    Melbourne
    Yes, if the caveator agrees.

    But generally banks will not provide a mortgage if there is a caveat on the title with priority.

    The caveator may need to be paid out.
     
    Terry_w likes this.