Queensland Consolidated Acts

LAND TITLE ACT 1994 - SECT 73

73 Requirements of instrument of mortgage

(1) An instrument of mortgage must—

(a) be validly executed; and

(b) include a description sufficient to identify the lot to be mortgaged; and

(c) include a description of the debt or liability secured by the mortgage; and

(d) include a description sufficient to identify the interest to be mortgaged.

(2) If the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless—

(a) a document has already been deposited with an instrument of transfer under section 110 (3) ; and

(b) the details of the trust have not since changed.

(3) Subsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form.