QLDIn ForceAct
Property Law Act 2023
sec.110Variation of mortgage
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### sec.110 Variation of mortgage
A mortgage over land evidenced by an instrument of mortgage may be varied by an instrument of variation.
The instrument of variation may do any of the following—
increase or reduce the rate of interest payable in relation to the debt or obligation secured by the mortgage;
increase or reduce the amount secured by the mortgage;
shorten, extend or renew the term of the mortgage;
vary a term of the instrument of mortgage.
An instrument of variation relating to a mortgage registered under the Land Act 1994 may be registered under section 343 of that Act if it complies with the requirements of that Act relating to registration.
An instrument of variation relating to land subject to the Land Title Act 1994 may be registered under that Act if it complies with the requirements of that Act relating to registration.
This section does not limit or otherwise affect a power of, or procedure for, variation or amendment of a mortgage under another law.
(sec.110-ssec.1) A mortgage over land evidenced by an instrument of mortgage may be varied by an instrument of variation.
(sec.110-ssec.2) The instrument of variation may do any of the following— increase or reduce the rate of interest payable in relation to the debt or obligation secured by the mortgage; increase or reduce the amount secured by the mortgage; shorten, extend or renew the term of the mortgage; vary a term of the instrument of mortgage.
(sec.110-ssec.3) An instrument of variation relating to a mortgage registered under the Land Act 1994 may be registered under section 343 of that Act if it complies with the requirements of that Act relating to registration.
(sec.110-ssec.4) An instrument of variation relating to land subject to the Land Title Act 1994 may be registered under that Act if it complies with the requirements of that Act relating to registration.
(sec.110-ssec.5) This section does not limit or otherwise affect a power of, or procedure for, variation or amendment of a mortgage under another law.
- (a) increase or reduce the rate of interest payable in relation to the debt or obligation secured by the mortgage;
- (b) increase or reduce the amount secured by the mortgage;
- (c) shorten, extend or renew the term of the mortgage;
- (d) vary a term of the instrument of mortgage.