Hello,
I am hoping that somebody has come across this situation before and can point me in the right direction, as the bank and Landgate have been little help.
I am wanting to lodge a second mortgage on a title where a paper CT still exists. Originally, the bank produced the paper CT to Landgate and it was my intention to lodge the mortgage in paper form. However, Landgate informed me that a standalone mortgage must be lodged via PEXA unless it full is into one of the categories on the paper lodgement exemption forms. This situation is not a category on the exemption form, so would not be accepted. Landgate informed me that it was the proper course for the bank to retain the duplicate paper CT and destroy it once the second mortgage was lodged.
However, as I stated to Landgate when I originally enquired as to the proper procedure, a second mortgage cannot be lodged in WA where there is a paper title unless the first registered mortgage is discharged, as there does not seem to be any function in PEXA for the first registered mortgagee to "provide consent".
Has anybody had this situation before, and if so how did you go about lodging the second mortgage?
