New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 39B

39B Registration of mortgagor or charger as proprietor

(1) Where land affected by a prescribed instrument (within the meaning of section 13F, 13KA or 39A), or by an instrument to which section 13M applies has been brought under the provisions of this Act by the creation of a folio of the Register for the estate or interest of the mortgagee or chargee entitled under the instrument, the Registrar-General may, on application, amend the Register by registering the applicant as the proprietor of that estate or interest, if--

(a) the applicant is the mortgagor or charger under the instrument or another person claiming title under the mortgagor or charger, and

(b) the mortgagee or chargee consents to the amendment.

(2) An application under this section must be made in the approved form.