Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback