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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22324
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I wish to record a mortgage instrument against a title. I am

Customer Question

I wish to record a mortgage instrument against a title.
I am the private mortgagee.
I assume I need to fill out and file an A&I Form. Per:
https://www.lawsociety.org.nz/law-society-services/law-society-branches/auckland/documents/Property-Transactions-and-E-Dealing-Practice-Guidelines-amended-April-2015.pdf
page 74.
Looking at LINZ website, appears I cannot do this myself. Correct?
If so, what's the least expensive way to do this?
Details:
I am the private mortgagee.
I don't own the property in question.
My partner owns the property in question.
I wish to loan her $50K secured by a mortgage on her property.
If she were to die before repaying the loan, this would ensure that I have a priority claim collateralized by her property, regardless of her will or family claims on her estate.
We are not married. I am not in her will (and she could change it without my consent anyway).
Am I on the right track?
Given I can't do this myself on LINZ LandOnline, what's my cheapest route for achieving the outcome?
Submitted: 11 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 11 months ago.

You will need to contact a lawyer to register this as only lawyers have access to Landonline. Generally the lawyer will complete the the forms, and usually the mortgagor pays the fees for you. That is the standard practice. If you dont have a lawyer I can suggest some names, but mortgage registration is pretty simple and will not cost a great deal. In saying this i have assumed you drafted the mortgage yourself. If you need the form drafted then this will costs a little more, although that is , as I mention, the mortgagor's liability usually

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