149What is a *mortgage*?

149 What is a *mortgage*? For the purposes of this Chapter, an instrument is a ***mortgage*** if it is— S. 149(a) amended by No. 46/2001 s. 12(1)(b)(i). (a) a security by way of mortgage or charge over property wholly or partly in Victoria at the liability date; or S. 149(b) amended by No. 46/2001 s. 12(1)(b)(ii). (b) a security by way of a transfer of property wholly or partly in Victoria held in trust to be sold or otherwise converted into money and redeemable before the sale or conversion, except if the transfer is for the benefit of creditors who accept it in full satisfaction of debts owed to them; or S. 149(c) amended by No. 46/2001 s. 12(1)(b)(iii). (c) any transfer, assignment or disposition of any estate or interest in property wholly or partly in Victoria that is apparently absolute but intended only as a security; or S. 149(d) amended by No. 46/2001 s. 12(1)(b)(iv). (d) an instrument that, on the deposit of documents of title, authority to control title or a pledge to provide that control, to property wholly or partly in Victoria becomes a mortgage or evidences the terms of a mortgage.