Victorian Current Acts

TRANSFER OF LAND ACT 1958 - SECT 86

When any instrument subsequent to a first mortgage is made by the registered proprietor of any land and such proprietor or the person entitled to the benefit of the subsequent instrument desires the registration of the subsequent instrument the first mortgagee must—

S. 86(a) inserted by No. 70/2014 s. 16(2).

        (a)     if the first mortgagee holds the certificate of title concerned, on being requested by the registered proprietor or person entitled to the benefit of the subsequent instrument and at the cost of the person making the request, produce the certificate of title to the Registrar; or

S. 86(b) inserted by No. 70/2014 s. 16(2).

        (b)     if the certificate of title does not exist, on being requested by the registered proprietor or person entitled to the benefit of the subsequent instrument for production of the certificate, if the Registrar requires, provide an administrative notice to the Registrar.

No. 5842 s. 87.