sec.73Requirements of instrument of mortgage

### sec.73 Requirements of instrument of mortgage An instrument of mortgage must— be validly executed; and include a description sufficient to identify the lot to be mortgaged; and include a description of the debt or liability secured by the mortgage; and include a description sufficient to identify the interest to be mortgaged. If the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless— a document has already been deposited with an instrument of transfer under section 110 (3) ; and the details of the trust have not since changed. Subsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form. s 73 amd 1994 No. 33 (retro) s 8 ; 1994 No. 81 s 527 sch 5 (amd 1995 No. 32 s 23 sch ) (sec.73-ssec.1) An instrument of mortgage must— be validly executed; and include a description sufficient to identify the lot to be mortgaged; and include a description of the debt or liability secured by the mortgage; and include a description sufficient to identify the interest to be mortgaged. (sec.73-ssec.2) If the mortgagor is registered as a trustee, a document specifying the details of the trust, or the document creating the trust, must be deposited with the mortgage unless— a document has already been deposited with an instrument of transfer under section 110 (3) ; and the details of the trust have not since changed. (sec.73-ssec.3) Subsection (1) does not limit the matters that the appropriate form for an instrument of mortgage may require to be included in the form. - (a) be validly executed; and - (b) include a description sufficient to identify the lot to be mortgaged; and - (c) include a description of the debt or liability secured by the mortgage; and - (d) include a description sufficient to identify the interest to be mortgaged. - (a) a document has already been deposited with an instrument of transfer under section 110 (3) ; and - (b) the details of the trust have not since changed.