Purpose of Form:
This form is used by an authorized lawyer to instruct the removal of judgments (may also include assignments or postponements of judgments) from the parcel registers of the PIDs specified on the form. This is the only form which can remove judgments from parcel registers on the basis of a partial release. The Form 48A will also be placed in the Judgment Roll.
A Form 48A cannot act to remove a judgment or other judgment related document from the judgment roll, only from parcel registers.
Even after removal of the judgment (related) interests from the parcel register, the Form 48A remains in the judgment roll as well as the judgment.
This form cannot be used for cancellations as a result of a full discharge (Form 47 or 48, as applicable), expiry (automatically removed by the system), or by operation of law (Form 24).
The authorized lawyer must attach an original or registrar certified copy of the document that in the lawyer’s opinion acts to remove the judgment from the parcel register(s). This may include documents such as: a statutory declaration re judgment, partial discharge of judgment, order to set aside a judgment, certificate of full performance, assignment and/or discharge of bankruptcy. This would also include a certified true copy of the Form 48, (Refer to Guideline Form 48).
Judgments are only removed automatically from parcel registers based on expiry or full discharge. All other documents that are recorded in the judgment roll, that in the opinion of the authorized lawyer that act to remove a judgment must be certified on a Form 48A with a Certificate of Legal Effect to have the interest removed from the parcel register.
Instrument Type: 728 (This code is always used for a Form 48A regardless of the type of document attached).
LR or ROD: Despite the fact that judgment related documents come under the Land Registration Act, they must be searchable in a names-based index. For this reason, the document is indexed under the Registry of Deeds system so that a name search of the judgment debtor can be conducted.
Mandatory E-Submission Applies: No (currently no electronic F48A exists)
Fee Required: Yes
Accompanying Instrument Required: Yes (May include more than one attachment depending on the nature of the removal)
Acceptance Criteria for Form 48A:
Correct registration district is provided
Submitter user number and name – required to be the authorized lawyer who is signing the Form 48A
Pre-Recording Checklist (for document attached.)
If the attached document is a partial release of judgment where the effect of the partial release is to release properties from the effect of the judgment; then a Schedule 'A' containing a full legal description of the property being released, must be attached to the Form. It is not sufficient if only a PID number has been provided.
Form 48A includes only LR PIDs
Number of PIDs on form does not exceed 9
Interest holder and type is to be removed and applicable “Reference to Related Instrument” is provided and currently appears in the parcel register
Note: The reference must include the document number and year OR the book and page for the document. If the document number provided is 'unique' (where a document number is 8 digits or more, a year is not required).
Certificate of legal effect on form is dated and signed by the authorized lawyer submitting the Form 48A.