Extension of Mortgage (E1A)

Section 153(1) of the Real Property Act 1886 (SA) allows a mortgage to be renewed or extended by registering an instrument in the appropriate form. Section 153A requires the certification under section 273 for an extension of mortgage to be provided by the mortgagee, and treats that certification as the mortgagee's execution. The Registrar-General may register an extension executed only by the mortgagee if a document in the same terms has been signed by the mortgagor and kept by the mortgagee (s 153A(3)). Form E1A, prefix EM, has signature panels for the mortgagor and a certification panel for the mortgagee, including that the mortgagee has taken reasonable steps to verify the mortgagor's identity. Land Services SA lists both Form E1 and Form E1A for extensions of mortgage; there are no separate guidance notes for E1A, and the E1 notes describe the panels.

When you need it

• A lender and borrower have agreed to extend the term of a registered mortgage.
• The extension continues the mortgage on its existing terms, with or without listed variations.
• The mortgagee will provide the certification for the instrument.

1. 1

   Mortgage being extended

   Identify the mortgage by its registered number, or if unregistered and lodged at the same time, as 'mortgage dated ... from A to B lodged contemporaneously herewith'.

2. 2

   Land description

   Say whether the mortgage is over the whole ('Whole of the land in CT Volume ... Folio ...') or part of the land, identified by plan.

3. 3

   Parties and consideration

   Give the full name and current address of the mortgagee and mortgagor. Express any consideration in words and figures or insert 'valuable consideration', or strike through if not applicable.

4. 4

   Term, consents and variations

   Insert the date to which the mortgage is extended. List any consents and variations, or write 'Not Applicable'.

5. 5

   Execution and certification

   The mortgagor signs the execution panel (delete it if not used); witnessing is not required (s 153A(6)). The mortgagee, or its certifier, completes the certification, deleting any statement that does not apply.

• Extensions of mortgage executed on or after 8 April 2024 must be lodged electronically through an Electronic Lodgement Network Operator, unless an exemption applies, such as the mortgage being extended is unregistered and lodged in series.
• Paper extensions that fall within an exemption are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide.
• A registration fee applies; check Land Services SA's current fees page.

• If the mortgagor's or mortgagee's name has changed, lodge an Application to Note Change/Correction of Name first.
• Where the mortgagee signs alone, it must keep the mortgagor-signed corresponding document while it remains mortgagee and pass it on if the mortgage is transferred (s 153A(4), (5)).
• If the mortgagee is not an ADI, the certification must be given by a legal practitioner or registered conveyancer, or a person the Registrar-General has approved in writing (s 153A(3)(b)).