QLDIn ForceAct
Property Law Act 2023
sec.112Mortgages lodged electronically
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### sec.112 Mortgages lodged electronically
This section applies in relation to a mortgage under this Act or another law if—
the mortgage is lodged under the Electronic Conveyancing National Law (Queensland) , section 7 ; and
the mortgagee holds a document that grants a mortgage by the mortgagor that—
is on the same terms as the lodged mortgage; and
complies with section 8 .
If the mortgage is required to be given, produced or used for any purpose, the document mentioned in subsection (1) (b) may be—
given, produced or used for the purpose; and
relied on as evidence of the mortgage.
Subsection (2) applies whether or not the document mentioned in subsection (1) (b) —
was signed by or for the mortgagor or mortgagee in the presence of a witness; or
was electronically signed by or for the mortgagor or mortgagee.
(sec.112-ssec.1) This section applies in relation to a mortgage under this Act or another law if— the mortgage is lodged under the Electronic Conveyancing National Law (Queensland) , section 7 ; and the mortgagee holds a document that grants a mortgage by the mortgagor that— is on the same terms as the lodged mortgage; and complies with section 8 .
(sec.112-ssec.2) If the mortgage is required to be given, produced or used for any purpose, the document mentioned in subsection (1) (b) may be— given, produced or used for the purpose; and relied on as evidence of the mortgage.
(sec.112-ssec.3) Subsection (2) applies whether or not the document mentioned in subsection (1) (b) — was signed by or for the mortgagor or mortgagee in the presence of a witness; or was electronically signed by or for the mortgagor or mortgagee.
- (a) the mortgage is lodged under the Electronic Conveyancing National Law (Queensland) , section 7 ; and
- (b) the mortgagee holds a document that grants a mortgage by the mortgagor that— (i) is on the same terms as the lodged mortgage; and (ii) complies with section 8 .
- (i) is on the same terms as the lodged mortgage; and
- (ii) complies with section 8 .
- (i) is on the same terms as the lodged mortgage; and
- (ii) complies with section 8 .
- (a) given, produced or used for the purpose; and
- (b) relied on as evidence of the mortgage.
- (a) was signed by or for the mortgagor or mortgagee in the presence of a witness; or
- (b) was electronically signed by or for the mortgagor or mortgagee.