Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 78A

Mortgages lodged electronically

78A Mortgages lodged electronically

(1) This section applies in relation to a mortgage under this Act or another law if—
(a) the mortgage is lodged under the Electronic Conveyancing National Law (Queensland) , section 7 ; and
(b) the mortgagee holds a document that grants a mortgage by the mortgagor that—
(i) is on the same terms as the lodged mortgage; and
(ii) complies with section 11 .
(2) However, this section does not apply in relation to a mortgage that is a deed.
(3) If the mortgage is required to be given, produced or used for any purpose, the document mentioned in subsection (1) (b) may be—
(a) given, produced or used for the purpose; and
(b) relied on as evidence of the mortgage.
(4) Subsection (3) applies regardless of whether the document mentioned in subsection (1) (b)
(a) was signed by or for the mortgagor or mortgagee in the presence of a witness; or
(b) was electronically signed by or for the mortgagor or mortgagee.



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