Witnessing Queensland (QLD) mortgage documents?
Helpful tips and instructions on what to do and Witnessing QLD (Queensland) mortgage documents in Sydney
As a solicitor providing notary public services in Northern Beaches and North Shore, we help many New South Wales residents involved in Queensland property transactions by witnessing their mortgage, loan and guarantee documents.
How to choose a witness?
It can’t be someone who’s on the loan or owns the property. They have to be 18 or over, based in Australia and working as a (in accordance with Queensland land titles practice manual):
- Justice of the peace
- Commissioner for declarations
- Australian lawyer
- Notary public
- Licensed conveyancer from another state
- Another person approved by the Registrar of Titles.
Individuals
$15000plus GST
- Form 20 QLD Identity/Witnessing Certification
- Confirming Identity
- Certifying true copies of identity documents
- Witnessing execution of Mortgage, Loan and Guarantee documents
Couples
$20000plus GST
- Form 20 QLD Identity/Witnessing Certification
- Confirming Identity
- Certifying true copies of identity documents
- Witnessing execution of Mortgage, Loan and Guarantee documents
Obligations on witnesses to Queensland property documents
According to Section 162 of the Land Title Act 1994 (Queensland) and Section 311 of the Land Act 1994 (Queensland), a person who witnesses a Queensland mortgage document must:
- take reasonable steps to verify the person’s identity;
- take reasonable steps to ensure that the person is entitled to sign the mortgage document;
- have the person sign the document in their presence;
- not be a party to the instrument or document; and
- retain a record of the witnessing, copies of the mortgage documents or evidence that they have satisfied these requirements for 7 years.
Documents your witness will need
Before they sign, they’ll need evidence you’re the mortgagor.
- If you’re buying the property:
- A copy of the contract of sale, approval letter from the lender or a confirmation letter from a solicitor.
- If you’re refinancing the property:
- A recent rates/land tax notice or a title search statement.
- The witness needs to:
- witness both copies
- write their full name (no initials)
- write their qualification
- Who’s the mortgagor?
- It’s the owner of the property that’s being taken over, and is being used as security on the loan.
- Make sure to add the date.
Companies, Trusts, 3 or more Guarantors
$30000plus GST
- Form 20 QLD Identity/Witnessing Certification
- Confirming Identity of Trustee, and certifying true copies of trust documents
- Witnessing execution of Mortgage, Loan and Guarantee documents
- Note: this part applies to loan and guarantee documents as a complete package
Things you should know
- Sign and date both copies of your mortgage
- Only use a black pen
- Sign carefully as inconsistent signatures can cause delays
- Your witness will need evidence you’re the mortgagor
- If you make a mistake, please don’t try to fix it – contact your Lender or Broker for help. –If your mortgage needs to be witnessed overseas, please turn over this page for further instructions.
- Get witness to complete form 20 QLD Identity/Witnessing Certification
