Mortgagee Consent on Sale where Mortgage is not being discharged
My client owns a half share in a property and is acquiring the remainder of the property from the co-owner. NAB hold a first registered mortgage and there is also a Caveat on Title. The mortgage is not being discharged nor is the Caveat to be removed.
At present I have been able to amend the Lodgement Instructions to note Additional Requirements as Caveator Consent (because the Caveator is an unrepresented party).
NAB are a party to the workspace. Are they able to just Nominate the Title? At present they have not created a Nomination so the workspace is asking them to create a Discharge.
You will need to first create the Transfer, before the mortgagee creates the nomination to the lodgement case in the Workspace. The nomination should then be lodged before you can progress your transaction.