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Land Transfer Act 2017

Dealings in estates and interests in land - Mortgages

100: Mortgage instrument required to register mortgage

You could also call this:

"To register a mortgage, you need a special document signed by the land owner."

Illustration for Land Transfer Act 2017

You need to use a mortgage instrument to register a mortgage of land under this Act. A mortgage instrument must be signed by the person who owns the land and it must contain the required information. You can find more information by looking at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM270693

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731243.

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Part 3Dealings in estates and interests in land
Mortgages

100Mortgage instrument required to register mortgage

  1. Except as provided in subsection (3), a mortgage instrument must be used in order to register a mortgage of an estate or interest in land under this Act.

  2. A mortgage instrument must—

  3. be executed by the mortgagor; and
    1. contain the prescribed information.

      1. An encumbrance instrument must be used in order to register an encumbrance over an estate or interest in land.

      2. An encumbrance instrument must—

      3. be executed by the encumbrancer; and
        1. contain the prescribed information.

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