A common question is whether the sale by a mortgagee exercising power of sale will extinguish all subsequent encumbrances when the transfer is registered.

In particular, will all caveats be removed on registration of the Transfer by the Mortgagee Exercising Power of Sale?

Lenders typically secure loans by way of a mortgage over real property or as a security interest over a borrower’s or guarantor’s personal property, including personal, business or company assets.

This article provides a guide on the operation of mortgages and security interests and highlights key differences that Lender’s should consider.

The 16 July 2021 decision in LNCP002 Pty Limited v Akcin [2021] NSWSC 848 has highlighted the obligations of lenders and financiers to act fairly and in good faith with respect to borrowers in mortgage lending, and to do what they have promised to do.

The Registrar General recently made two important announcements relating to certificates of title within New South Wales.

• On 11 October 2021, all certificates of title ('CTs') will be abolished, known as 'cessation day'; and
• From 11 October 2021, paper dealings will no longer be accepted for lodgment and only electronic dealings will be accepted.  

This means that from 11 October 2021, New South Wales will have 100% e-conveyancing.