Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 11B

11B Mortgage transferee to confirm identity of mortgagor

(1) This section applies to the transfer of the interest constituted by the mortgage of a lot or an interest in a lot.

(2) Before the instrument of transfer is lodged for registration, the transferee under the instrument of transfer (the
"mortgage transferee" ) must take reasonable steps to ensure the person who was the mortgagor under the instrument of mortgage was identical with the person who, when the instrument of mortgage was registered, was the registered proprietor of the lot, or the interest in a lot.

(2A) For subsection (2) , a person was the mortgagor under an instrument of mortgage if the person executed the instrument as mortgagor, including, if the instrument is an electronic conveyancing document, through a subscriber digitally signing the instrument under the Electronic Conveyancing National Law (Queensland) .

(2B) Also, for subsection (2) , a person was the mortgagor under an instrument of mortgage if the instrument is an electronic conveyancing document and the person signed, as mortgagor, a document that under the participation rules under the Electronic Conveyancing National Law (Queensland) —

(a) was required as a supporting document for the instrument of mortgage; and

(b) was required to be kept by the original mortgagee mentioned in section 11A (2) .

(3) Without limiting subsection (2) , the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under section 9A for the verification of identification of mortgagors.

(4) The mortgage transferee must, for 7 years after the instrument of transfer of the mortgage is registered, and whether or not there is registered a further transfer of the interest constituted by the mortgage—

(a) keep a written record of the steps taken under subsection (2) ; or

(b) keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2) .

Penalty—

Maximum penalty—20 penalty units.

(5) The registrar may, whether before or after the registration of the instrument of transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee—

(a) to advise the registrar about the steps taken by the mortgage transferee under subsection (2) ; and

(b) to produce for the registrar’s inspection the written record mentioned in subsection (4) (a) or the originals or copies mentioned in subsection (4) (b) .

(6) The mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse.

Penalty—

Maximum penalty—20 penalty units.

(7) This section applies to an instrument of transfer of a mortgage only if the instrument of transfer is executed after the commencement of this section.

(8) However, this section applies in relation to an instrument of mortgage whenever executed.