What must the registrar record in the register when a mortgage is transferred in part because part of the secured claim was assigned or paid by a subrogated party?
General information · Not legal advice
Material to check
In a practice file we read the assignment contract, or the papers showing subrogation payment, where the amount assigned or paid that the provision makes recordable may be found. We also read the register entry for the underlying claim and mortgage, and the application for the partial transfer, to see which facts the registrar is being asked to record.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision as written for the registrar: when carrying out a registration of a partial transfer of a mortgage caused by an assignment of part of the claim, or by subrogation payment, the registrar must record the assigned amount or the paid amount, in addition to the matters provided in the referenced registration provision. The trigger is the cause of the transfer, and the added entry is the amount itself.
Another reading marks the limit of scope: the provision speaks only of a partial transfer arising from those two causes, so a transfer of a whole mortgage, or a partial transfer for some other reason, is not what this provision directs the registrar to record. The provision also says what must be added to the referenced matters, and leaves open what those matters consist of and which papers show the amount assigned or paid.
Your judgment
Where part of the secured claim stays with the original holder, what in the register or the file shows which portion the transferred mortgage still secures?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add further recordable matters or to name other causes of partial transfer, or if registry guidance explains how the transferred and retained portions of the claim are to be described.