NRS-19823 | Foreclosure Packets [Department of Lands]

Foreclosures are lodged as dealings under the Real Property Act 1900 and involve the right of mortgagees (the lending body) to sue mortgagors (the registered proprietor) for defaults in payment of the principal or interest on a registered mortgage.These records consist of the dealing itself and of a dealing minute paper or packet which contains the records (or evidence) supporting the lodgement of the dealing. Foreclosure Packets are only created for land transactions under Torrens Title.  Under Old System title, packets of supporting documentation were not required for Foreclosures since the chain of title would provide proof of title.Lodged with the application form is the title, the Auctioneer’s certificate (as evidence of the auction which can include newspaper clippings), evidence of service of notice on the mortgage, the Registrar General’s Order of Foreclosure, statutory declarations, default notices, credit notices, solicitors’ letters, official correspondence from the Registrar General’s office, minutes papers, evidence of service of notice of the intention of a mortgagee to foreclose to other mortgagees, charges and caveators’ claiming an interest as unregistered mortgagee or charge. On satisfactory evidence the Legal Services acting on behalf of the Registrar General make the order for vesting the land to the mortgagee.Reason the series is or was created:To enable the Foreclosure Application to proceed, documentation (such as records showing default, credit notices, evidence of service of notice to foreclose, correspondence from solicitors and evidence of auction) is required as part of the formal process of assessing the application to ensure that requirements relating to the registration of a Foreclosure are met prior to the Foreclosure becoming a registered Dealing. Examining Officers and Legal Services use this documentation contained in the packets as part of the assessment of the application. The documentation provides a record of this investigation, assessment and decision making process