QLDIn ForceAct
Duties Act 2001
sec.258What is the amount secured by a mortgage
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### sec.258 What is the amount secured by a mortgage
The amount secured by a mortgage is the amount of advances actually secured by it and recoverable under it.
However, if—
a mortgage has been properly stamped, or is exempt from duty, under this or a corresponding Act for an amount of advances secured by the mortgage; and
a further advance secured by the mortgage is made; and
the total amount secured by the mortgage exceeds the amount for which the mortgage has been properly stamped;
the amount secured by the mortgage is, for section 247 (2) , the excess amount mentioned in paragraph (c) .
(sec.258-ssec.1) The amount secured by a mortgage is the amount of advances actually secured by it and recoverable under it.
(sec.258-ssec.2) However, if— a mortgage has been properly stamped, or is exempt from duty, under this or a corresponding Act for an amount of advances secured by the mortgage; and a further advance secured by the mortgage is made; and the total amount secured by the mortgage exceeds the amount for which the mortgage has been properly stamped; the amount secured by the mortgage is, for section 247 (2) , the excess amount mentioned in paragraph (c) .
- (a) a mortgage has been properly stamped, or is exempt from duty, under this or a corresponding Act for an amount of advances secured by the mortgage; and
- (b) a further advance secured by the mortgage is made; and
- (c) the total amount secured by the mortgage exceeds the amount for which the mortgage has been properly stamped;