Notary Public or lawyers assisting with Queensland mortgage documents
An issue that’s been coming up more and more recently has been the question around 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 is not 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?
Some banks, other financial institutions or lenders will not accept a justice of the peace as a witness. If this applies to your transaction, you should receive specific instructions listing who can be your witness. 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. A notary public or a lawyer will charge 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 and other financial institutions or lenders in Queensland.
Do you need photograph identification?
At the time of signing your 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 also be required to make certified copies of your photo identification documents. They may also be required to perform a verification of identification confirming your identity 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 to deal with the property referred to on those 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.
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 that you have a right to deal with the property or that you are entitled to sign those 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, financial institution or lender for clear instructions as to what you need to do.
See changes to witnessing requirements introduced as a result of the COVID-19 pandemic.
Do you have any questions regarding this article?
If you have never had to have a document notarised before, you may find our role as a notary public, the notary public services that we provide, and this whole process (especially authentication, legalisation and apostille) to be confusing and daunting. Do not worry! We are here to try to simplify it, make it easy for you to understand, and to guide you or assist you with achieving your desired goal.
So, what next?
If you are now ready to proceed with having your document notarised, please visit our Notary Fees page for a FREE quote on our notary public services or just call us on 02 9687 8885 and speak to our friendly staff about your requirements.
Why choose Phang Legal for your notary public services?
We are a leading provider of notary public services in Sydney known for our low-cost fixed fee notary services, our availability to provide notary public services on short notice, and our focus on personal and timely notary public services. With our offices conveniently located in Parramatta, the geographic centre of the Sydney metropolitan area, our notary public assists clients from across all suburbs of Sydney and beyond.
This website is maintained by Phang Legal, an incorporated legal practice in Parramatta and a leading provider of notary public services to clients across Sydney. Extensive experience and low-cost fixed prices ensures quality services and satisfied clients.
Ern Phang is the solicitor director of Phang Legal and a notary public. Ern regularly writes about his experiences as a notary public and the kinds of issues faced by his clients in sending documents overseas.
All information contained in this article is for general purposes only and correct as at the time of publication. You should only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.