Acting for husband and wife with encumbered title

[SYNCPM]

I am acting for both transferor and transferee and Westpac is the mortgagee / CT Controller.  Which one am I inviting if I am only adding the transferee to the title?  Is it CT controller only as I only need consent to add a transferee and no duties as its a spouse OR do I add the mortgagee as well?

If I add the CT controller what do they do?  Are they lodging OR am I lodging?  If I set up the workspace I'm the responsible subscriber and I invite the CT controller, what are they supposed to be doing?

[Jgal3]

Hi there

As you mentioned, Westpac is both the CT controller and the mortgagee. So you would need to invite Westpac to the workspace in their capacity as mortgagee. 

You should have by then requested Westpac agree to the change in registered proprietor details (they need to approve this as it affects the mortgage). 

Once Westpac is happy to proceed with the proposed transfer, they will accept your workspace invitation and can create the CoRD Consent in the workspace. You should prepare the transfer without monetary consideration and enter the duty information (even the exemption) so that Westpac can see the proposed transfer. 

Westpac will be considered the lodging party as they have the control of the CT but you will still need to enter in a source amount to cover registration fees. 

Hope this helps!