Depending on which lender you’re applying for a home loan with, the documents you need witnessed may vary. The documents that require an authorised witness signature will depend on the state the Australian property is located in and the lender you’re borrowing from.
Some documents that will need to be witnessed may include:
Loan offer
This is the loan contract between you and the bank. Also known as a mortgage contract, some lenders need this to be witnessed whereas others don’t.
Statutory Declaration
Some lenders will require a witnessed statutory declaration as part of their mortgage documents. The witness must meet particular criteria to be accepted by the bank.
Certified Identification
Some lenders will require you to mail them a photocopy of your ID that has been signed and certified by an authorised witness as a true and correct copy of the original.
Mortgage
The mortgage form is the actual document lodged with the government to register the lender’s interest in your property. The acceptable witnesses for this form will depend on which state of Australia the property is in.
Do I need a Justice of the Peace?
A Justice of the Peace (JP) is a person who’s authorised to witness and sign statutory declarations and affidavits and to certify copies of original documents. You may need to have a Justice of the Peace witness your signature on some of the documents. This will depend on the lender that you use and the state that the property that you are mortgaging is in.
In most cases, you’ll need a JP or JP equivalent.
Can a Public Notary be accepted instead?
A public notary is a public officer, usually a practising solicitor or attorney, who is authorised to witness documents, and administer oaths. They can perform other wide-ranging administrative tasks for both international and national purposes and are available in most countries.
A public notary can be accepted instead of a JP in some cases. You’ll need to contact your lender to confirm their policy concerning public notaries overseas.
What is required when witnessing a mortgage form?
Each state has different requirements regarding witnesses for mortgage forms.
This is a state-based form that is lodged with the state government to register the lender’s interest in your property.
Queensland
QLD requires the witness to be a person approved by the registrar. This can include:
A Notary Public.
A Justice of the Peace (As of 30th September 2019, any Australian JP is acceptable).
A commissioner for declarations or for taking affidavits.
A lawyer.
A barrister.
A solicitor.
A legal practitioner.
A conveyancer.
New South Wales
In NSW, the mortgage form should be witnessed by an eligible witness, who’s over eighteen years old and has either known you for twelve months or has sighted your identification.
Australian Capital Territory
The ACT requires the mortgage form to be witnessed by an adult person who isn’t a part of the mortgage agreement.
Victoria
In VIC, mortgages require an eligible witness who’s over eighteen years old and isn’t a part of the loan contract.
Tasmania
TAS requires that an adult person who isn’t a part of the mortgage contract must witness the signature of the mortgagor.
The witness must include their signature, full name, occupation and address.
South Australia
In SA, the witness must be eighteen years or over and must know the mortgagor personally or be satisfied as to the identity of the mortgagor. The witness can’t be a part of the mortgage agreement.
The witness is also required to print their full name, address and business hours telephone number beneath their signature.
Western Australia
WA requires that an adult person witness each signature on the mortgage form. The full name, address and occupation of the witness must also be stated.
Northern Territory
In the NT, people who may witness a mortgage form must be approved by the Registrar-General. This can include:
A Notary Public.
A Justice of the Peace.
A Commissioner for Oaths.
A lawyer.
A barrister.
A solicitor.
A legal practitioner.
A conveyancer.
A member of the police force.
They must not be a part of the mortgage, and after signing the witness must include their names, contact address or number below their signature.
