Mortgage Documents Witness Requirements in Australia
Your loan contract from the lender will often come with several other documents, collectively referred to as your mortgage documents, most of which require your signature.
There is, however, one set of government mortgage documents that require specific witnessing.
Get a free Australian mortgage document assessment today.
Please speak with one of our experts online to get a free recommendation on witnessing your mortgage documents.
What is a Mortgage Document?
You may need more funds to purchase (real estate) properties in Australia. On the other hand, you may borrow funds from a bank or a lender (i.e. apply for a mortgage with the bank) to fund your purchase. Mortgage documents are therefore required to be entered into between you and your lender to reflect the mortgage arrangement.
These documents generally contain the following information:
- Details of you and your lender;
- Description or address of the property;
- Mortgage arrangement details between you and your lender;
- Information of an independent witness who witnesses the execution of the documents.
Mortgage documents must be prepared and signed in an approved form under the Transfer of Land Act (VIC), Land Title Act 1994 (Qld), Real Property Act 1900, or any equivalent legislation depending on the location of your property.
Your lender’s solicitors will usually prepare all mortgage documents within a week of formally approving your loan.
Who Can Witness Your Mortgage Documents?
Mortgage documents must be signed and witnessed by a ‘qualified witness’. Generally, an ‘Australian lawyer’, ‘Notary Public’, or ‘Consular officer’ are approved and qualified witnesses under the relevant laws and legislations.
Other than signing and witnessing your mortgage documents, your Australian lawyer will also need to verify your identity – therefore, remember to bring your identity documents (e.g. passport and another form of identification with a photo) when seeing your lawyer.
If you are in Australia when signing your mortgage documents, the restrictions are much more lenient. See the below table on general requirements as a guideline.
Who Can Witness Your Australian Mortgage Documents Overseas?
Depending on your location at the time of signing, requirements may be tricky and sometimes impossible to meet. Horror stories exist where foreign residents cannot settle their mortgage due to improper certification of documents overseas.
Fortunately, you only need to get the title registry forms, including the mortgage documents, signed in the presence of a witness. However, please note that the witness must be over 18 years and should not be a family member.
Read on to prepare yourself and your lender for the drawdown.
Witnessing Requirements if Residing in Australia
| State | Requirement (if residing in Australia) |
|---|---|
| New South Wales | Anyone over the age of 18 that is not a party to the loan. |
| Victoria | Anyone over the age of 18 that is not a party to the loan. |
| Queensland | An Australian lawyer, Notary public, or Consular officer. |
| Western Australia | Anyone over the age of 18 that is not a party to the loan. |
| South Australia | Anyone over the age of 18 that is not a party to the loan. |
| Tasmania | Anyone over the age of 18 that is not a party to the loan. |
| Norther Territory | An Australian lawyer, Notary public, or Consular officer. |
| Australian Capital Territory | Anyone over the age of 18 that is not a party to the loan. |
Witnessing Requirements if Residing Overseas
| State | Requirement (if Overseas) |
|---|---|
| New South Wales | An Australian lawyer, Notary public, or Consular officer. Depending on the lender, anyone over the age of 18 that is not a party to the loan. |
| Victoria | An Australian lawyer, Notary public, or Consular officer. Depending on the lender, anyone over the age of 18 that is not a party to the loan. |
| Queensland | An Australian lawyer, Notary public, or Consular officer. |
| Western Australia | Consular officer only |
| South Australia | An Australian lawyer, Notary public, or Consular officer. Depending on the lender, anyone over the age of 18 that is not a party to the loan. |
| Tasmania | An Australian lawyer, Notary public, or Consular officer. Depending on the lender, anyone over the age of 18 that is not a party to the loan. |
| Norther Territory | An Australian lawyer, Notary public, or Consular officer. |
| Australian Capital Territory | An Australian lawyer, Notary public, or Consular officer. Depending on the lender, anyone over the age of 18 that is not a party to the loan. |
Get a free Australian mortgage assessment today.
How to Correctly Witness a Signature
Before signing any government mortgage documents, the qualified witness must ensure they have ‘taken reasonable steps to ensure that the individual is the person entitled to sign the instrument’ as prescribed under Section 87A of the Transfer of Land Act 1958 (Vic), Section 56C of the NSW Real Property Act, Part 2-2005 of the Land Title Practice Manual (Queensland) or any other equivalent legislation.
The qualified witness will undertake a ‘verification of identity’ on you in light of the above requirement. This typically includes:
- A face-to-face in-person interview;
- You must bear a “reasonable likeness” to the person depicted in photographs in the identification documents; and
- You must produce the original identification documents.
Lawyers will also ensure there are no discrepancies in your identity documents.
For example, your passport name is ‘Thomas’, but your driver’s licence only shows ‘Tom’. You must sign a statutory declaration noting your name difference in this case. A statutory declaration must be correctly signed and witnessed by an Australian lawyer.
Tips for Witnessing a Mortgage Application from Overseas
Remember to bring two (2) forms of identity documents that bear your photograph.
For example, this usually includes your passport and your Hong Kong Identity Card (or your current Australian driver’s license) if you reside in Hong Kong.
If you have previously changed your name, please also bring proof of a change of name.
Where to Find a Qualified Witnessing Officer?
The first port of call is to see if you have friends who fit the bill. Their signature in exchange for a nice lunch on you? It is likely the best value.
If you need that, seek out your local Australian Embassy to engage their Notarial service for a cost. Check your relevant Australian embassy website for a listing of their fees.
For the Hong Kong Australian Embassy, the fee as of 1st July 2020 is HK$389 (exchange rate of AUD/HKD 5.328) for certifying a copy of a document or witnessing a signature.
Keep in mind that for a single property mortgage transaction, there are usually:
- Two (2) sets of signatures that need witnessing
- One (1) certification form that needs to be completed by the witness
- Two (2) copies of identification certified by the witness
- For a total of five services x HK$389 = HK$1945 per person
The downside of using a Consular officer (besides the costs) is the potentially long booking times, up to 2 weeks during peak season.
Lastly, you have Notary Publics or Australian Lawyers who offer quick turnaround, flexibility, and convenience at a steep price. It’s standard practice to see fees charged 2-5x that of the consular officer.
Luckily, if you reside in Hong Kong, Odin Mortgage has partnered with Lee & Poon Associates – Australian Lawyers, to offer competitive notarial services at rates below that of the Australian Embassy. Just contact them directly and tell them we sent you!
To Summarise Australian Mortgage Documents Witnessing
The property you buy is one of your most valuable assets. Be sure to take the time at settlement to ensure that all legal documents related to your mortgage are accurate, most notably the witnessing requirement.
When signing your mortgage documents, be sure to pay attention to answering all the required questions and especially signature fields. Where possible, sign the documents with your mortgage broker or banker to ensure correctness.
If you still have questions about your mortgage, speak with our specialist mortgage expert today.
Get a free Australian mortgage assessment today.
Frequently Asked Questions about Mortgage Documents Witnessing
Can a family member sign?
Generally, the answer is ‘No’. The witness must be ‘qualified’ as prescribed by the relevant laws defined by the state where the property is located.
Always check with your broker or lawyer to ensure your mortgage documents are signed and witnessed correctly!
Do you need to date it?
Unless your lender expressly advises you not to date the document, you may date the mortgage document at the time you signed it.
How much can I borrow?
Each individual will be different, and we go into detail with examples of how much you can borrow, how to increase your borrowing power, and more in our article ‘How Much Can You Borrow?‘.
Can the same person witness two or more signatures on the same document?
There are no issues with that. Just remember the witness must be a ‘qualified’ witness as prescribed under the relevant laws.
Do you have to sign in front of the witness?
You must sign in the presence of your witness. In other words, wait to sign the document at home before seeing your witness. It is to ensure the documents are valid.
Does the bank need the original documents? or will email copy suffice?
Most banks ultimately require original documents. However, it is always good practice to scan and email the signed copies to your broker or bank’s legal team before providing the originals to them to ensure it’s signed correctly.
The last thing you want is to post the documents only to find out 1-2 weeks later that they were done incorrectly and need to be re-do causing a delay in settlement and potential penalties.
See What You Qualify For
Featured In
