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Who can witness Queensland mortgage documents in New South Wales?

Notary Public or lawyers assisting with Queensland mortgage documents

Witness Queensland Mortgage / Legal DocumentsAn issue that’s been coming up more and more recently has been the question about signing and witnessing Queensland mortgage documents in New South Wales. If you live in New South Wales but you have property dealings in Queensland, which include signing and witnessing Queensland mortgage documents, then this FAQ is relevant to you.

Who can be your witness?

In Queensland, you must sign your mortgage documents in the presence of a qualified witness who isn’t a party to your transaction. Your witness must clearly print their full name near their signature as well as provide details of their qualifications as your witness.

Your witness can be either:

  • a justice of the peace
  • an Australian lawyer
  • a notary public; or
  • a licensed conveyancer

There are other qualified witnesses, but they are not generally available in New South Wales.

To help you satisfy this witnessing requirement the notary public and the lawyers in our office will witness your signature when you sign your Queensland mortgage documents.

Can a justice of the peace witness Queensland mortgage documents in New South Wales?

If you live in New South Wales, some banks, lenders, or other financial institutions won’t accept a justice of the peace as a witness for Queensland mortgage documents – and some justices of the peace won’t witness your signature on Queensland mortgage documents either. If this applies to your transaction, then you should receive specific instructions listing who can be your witness in New South Wales. You should follow those instructions to avoid any problems, delays, or additional costs.

The benefit of using the services of a justice of the peace (if permitted) is that it should be free of charge. On the other hand, a notary public or a lawyer will charge a fee for their service.

If in doubt, the notary public and the lawyers in our office can witness your Queensland mortgage documents in New South Wales and these have been accepted by the banks, lenders, and other financial institutions in relation to property dealings and transactions in Queensland.

Do you need photograph identification?

At the time of signing your Queensland mortgage documents, you must also be able to provide satisfactory evidence of your identity. Generally, this will be through current and valid photo identification documents such as a passport and drivers licence. You should receive specific instructions from whoever has asked you to sign your mortgage documents.

Your witness may be required to make certified copies of your photo identification documents or perform a “verification of identification” to confirm your identity and your “right to deal” for the purposes of property transactions in Australia. As your witness, we can provide these services to you to assist you with signing your Queensland mortgage documents in New South Wales.

Can you prove your right to deal or entitlement to sign?

Your witness must take reasonable steps to ensure that you, as the person signing the mortgage documents, are entitled to sign those documents or you have the right to deal with the property referred to on those Queensland mortgage documents. Your witness may decline to witness your signature if you cannot provide adequate evidence of your right to deal or your entitlement to sign.

For example, adequate evidence could consist of current documents such as:

  • rates notice for the property issued by your local council
  • a current title search for the property
  • registration confirmation statement for the property
  • certificate of title (if one exists) for the property

If you need us to be your witness on your Queensland mortgage documents, then you must also satisfy this requirement and prove to us not only as to who you are but that you also have a right to deal with the property or that you are entitled to sign those Queensland mortgage documents.

Can you witness other Queensland legal documents or just Queensland mortgage documents?

Yes, in addition to witnessing Queensland mortgage documents we can also witness other Queensland legal documents such as court documents, affidavits, and declarations that you may need to use in court or other legal proceedings in Queensland.

If you have legal matters to attend to in Queensland, then you may be required to sign documents that require witnessing. If you live in New South Wales, then this can be done in front of the notary public or the lawyers in our office. You should check with your lawyer or with the court/government department for any specific requirements before making an appointment with us to have your document witnessed.

I’m still not sure what to do. Who should I ask?

If you’re still not sure about what you need to do to sign your Queensland mortgage documents in New South Wales, you should contact your bank, lender, or other financial institution for clear instructions as to what you need to do.

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Do you have any questions regarding this article?

Whether you’re notarising a document for the first time or the hundreth time, the requirements, processes, and terms can be confusing and daunting – or just a pain and a hassle (especially if you need an apostille, or to authenticate or legalise as well). Don’t worry! We’re here to simplify it, explain it, and help you with what you need to achieve it.

Contact us or visit our Frequently Asked Questions for more information about our notary public services. We’ve also created a flowchart to help explain notarisation, apostille, authentication and legalisation.

So, what’s next?

Visit our Notary Fees page for a free quote for our notary public services or just call us on +61 2 9687 8885 to speak with our friendly team about your requirements.

Why choose Phang Legal for your notary public services?

We’re a leading provider of notary public services in Sydney known for our experience and expertise in notarising documents for other countries, our low-cost fixed fees and service offering, and our availability to help on short notice. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, we help clients from across Sydney and beyond with personal, professional and timely notary public services.

Ern Phang, Notary Public
Ern Phang
Notary Public

This website is maintained by Phang Legal, a boutique law firm in Parramatta and a leading provider of quality notary public services to satisfied clients across Sydney.

Ern Phang is a director of Phang Legal and a notary public (since 2005). Ern regularly writes about his experiences as a notary public and the issues faced by his clients in sending documents to other countries.

All information contained in this article is for general purposes only and correct at the time of publication. Only rely on information and advice specific to your situation and current at the time you wish to rely on it.
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