When mortgages over different properties for the same debt are registered one after another, what must the registrar record, and when must a list of the collateral be drawn?
General information · Not legal advice
Material to check
In a practice file we read the certified copies of each mortgage registration, to see which properties were registered and in what order, and anything showing that both sets of registrations secure the same claim, which is what makes this provision apply.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the sequence at face value: once a mortgage over one or more properties for a debt has been registered, a later mortgage over one or more other properties for the same debt must be entered with a record, in that registration and in the earlier one, that the properties are jointly offered as collateral, and if the properties number five or more the registrar must also draw a list of them, which counts as part of the register.
Another reading marks what the provision does not do: it speaks of what the registrar records once both registrations occur, so it leaves open who must apply for the earlier registration to be amended, and what counts as the same claim where the secured debt has been partly discharged or restructured.
Your judgment
If the secured debt has been partly discharged or restructured, how could the file show that the later registration still secures the same claim?
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 change when a list of collateral must be drawn or how the earlier registration is amended, or if a court decision explains what makes two registrations secure the same claim.