The New South Wales (NSW) Government has recently passed legislation tightening the witnessing requirements for mortgages over NSW property.
Previously witnesses for NSW Mortgages were only required to have known the person signing the Mortgage personally or be provided with any type of identification so as to be satisfied as to their identity.
Effective Tuesday, 1 November 2011 witnesses will need to be more than just personally acquainted or satisfied with the identity of the person signing the mortgage. They must:
- Have known the person signing the mortgage for more than 12 months, or
- Have taken reasonable steps to confirm the identity of the person signing the mortgage by sighting originals of acceptable documents. A list of acceptable documents is included in the Witnessing Requirements – NSW form (DWR002) which accompanies this communication.
Important note: Your bank will send out instructions with your loan offer on how to witness the mortgage document. The process may vary for complex transactions or other NSW land dealings.
If you have any questions about how to sign and accept your loan offer please contact your mortgage broker who can give you more specific advice about your home loan.