The following explains whether you need the cooperation of the first mortgagee to lodge a second mortgage.
Victoria
To register the second mortgage, the incoming second mortgagee must obtain title nomination via the PEXA workspace from the CT controller, being the first mortgagee. The first mortgagee cannot refuse to provide a nomination, but they can treat registration of the second as a default — so in practice you get a deed of priority anyway.
NSW
Since 11 October 2021, when CTs and the CoRD framework were abolished, mortgagee consent is not required for subsequent mortgages. A first mortgage can still prohibit further encumbrances contractually via a negative pledge, so registering behind them may trigger a default on the first — but nothing blocks lodgment.
Queensland
No PEXA hurdle, and contractual restrictions prohibiting second mortgages are void (s 78 Land Title Act), so the borrower can’t be defaulted for granting one.
Tasmania
Still paper-based and not on PEXA, so if a paper title is on issue the first mortgagee must be contacted to produce it. The Conveyancing and Law of Property Act 1884 obliges them to produce it if required, but doesn’t stop them treating the second registration as a default.
NT
Paper-based; if a duplicate CT is on issue (they’re optional in the NT), it must be returned to the LTO with the dealing, so whoever holds it (usually the first mortgagee) has to cooperate.
WA
No PEXA hurdle, a first mortgagee may not prohibit registration of a second mortgage or treat it as a default.
SA
Fully electronic titles; lodge via PEXA, no first mortgagee involvement, though like NSW a negative pledge in the first mortgage can make it a contractual default.
ACT
A second mortgage can be lodged on PEXA without contacting the first mortgagee.
