Allowing a Mortgage to be lodged when a Caveat exists

[M2]

There is a caveat registered on title which will be refinanced and settled on PEXA.

The incoming mortgagee consents to the caveat remaining on title. The Caveator needs to consent to the registration of the mortgage.

The roles that can be nominated for an invitee to the workspace only allow a choice between 'incoming' and 'outgoing' caveator. We need a continuing caveator to be party, so that they can consent to registration of the mortgage.

How is this to be achieved?

[GeorgePolus]

Hi Melanie,

I am guessing you are acting in the jurisdiction of NSW.

If so, currently NSW LRS is not able accept from PEXA a Caveators consent uploaded to the PEXA Document Hub.

NSW LRS will enable the capability to accept a Caveators Consent (and Ministers Consent) from the PEXA Document Hub in PEXA R9 (Novemeber 2018)

Until then, if Caveators Consent is required, the lodgement may only proceed via paper.

To ensure that your paper dealing is not rejected by LRS, do make sure that Caveators Consent is required.

Please let me @GeorgePolus  know if you have more questions.

Regards
George

[SimoneF]

Hi @GeorgePolus 

I have a similar scenario to @M2 and I note your response refers to this being addressed in Release 9.0 however the release notes do not seem to cover caveator's consents. Is this to be treated as an exception still and the mortgage to be lodged in paper?

Thanks in advance,

[GeorgePolus]

Hi Simone,

I specifically double checked with NSW LRS today for you on this particular question.  

Today, if a dealing requires a Caveators or Ministers consent in order to register, NSW LRS will allow the dealing to be lodged in PEXA.    However, the Dealing(s) will not Register until the Caveators / Ministers Consent is physically lodged (via paper) to NSW LRS.

NSW LRS also said that as part of standard procedure they would requisition electronic dealings lodged (those requiring Caveators/Minsters Consent) without receipt of the physical consent. 

However,  NSW LRS stated that, provided  the paper Caveators / Ministers consent is lodged over the counter at NSW LRS and the party lodging the paper consent over the counter explains that reason the paper consent was not submitted electronically is because this capability is not yet enabled, then NSW LRS would waive the requisition fee.   

So when will members be enabled to submit Caveators Consent / Ministers consent via PEXA? 

Subject to NSW LRS agreement, this feature will be enabled in PEXA August, 2019.  (I will be able to confirm later this week once NSW LRS advise me).

From a PEXA standpoint, lodging electronic dealings with images of physical attachments is existing PEXA  functionality.   NSW LRS need to enable the ability to consume attachments uploaded to PEXA. 

NSW LRS already have the capability to consume  some attachments for some Document Types lodged via PEXA.  What NSW LRS need to enable is the processes to deal with Caveator/Ministers consent attachments for almost all Document Types .  This is what is taking the time and effort on NSW LRS behalf.

Please let me @GeorgePolus know if you have more questions. 

Regards,

George

[GeorgePolus]

Hi Melanie,

Per my post to Simone just a moment ago, once NSW LRS enable the capability, you will be able to attach (via the PEXA Attachments functionality) an image of the Caveators Consent to almost any Dealing Type in for NSW via PEXA.   There will be no need for a special role.

Today, (and I double checked with NSW LRS on this today) you may still Lodge dealings subject to Caveators / Minsters Consent in PEXA.   But, you must then physically lodge (via paper) the Caveators Consent over the counter at NSW LRS and have NSW LRS match the Consent to the electronic lodgement case.

Per standard procedures, NSW LRS will requisition an electronic lodgement case requiring Caveators / Minsters Consent lodged without such Consent .  However,  provided, when you lodge the paper Caveators Consent letter / Ministers Consent, it is explained to the NSW LRS representative that you were unable to attach the Caveators Consent to the electronic lodgement, then NSW LRS will waive any requisition fee. 

Also - per post to Simone, I expect to learn from NSW LRS this week that they will build the capability to consume Caveators / Ministers consent attachments from PEXA from August 2019.   

Please let me @GeorgePolus  know if you have more questions. 

Regards,

George

[GeorgePolus]

Hi Simone and Melanie,

I spoke again with NSW LRS this morning.   

We discussed the physical lodgement of the Caveators / Ministers consent and NSW LRS agreed that this is a difficult and costly process for members.  Most particularly, members who are remote from Sydney CBD. 

Consequently, NSW LRS have agreed to allow Caveators / Ministers consent to be sent by email.

Below are details of the procedure.   This procedure will remain in place until NSW LRS enable consumption of attachments from the PEXA workspace which NSW LRS currently plan for August 2019. 

1. Prepare and lodge the dealing requiring Cavaeators / Ministers Consent via the PEXA workspace.
2. Once the dealing is accepted for lodgement, navigate to the PEXA Documents screen. 
3. Locate and record the Dealing Number of the dealing requiring Caveators / Ministers Consent by expanding the row of the dealing. 
4. Locate and record the Lodgement Case ID by expanding the Lodgement Instructions row.
5. Attach a PDF copy, ensuring the PDF is not password protected, to an email addressed to:  econveyacingnsw@nswlrs.com.au.   
6. Be sure to quote the Lodgement Case ID and Dealing Number in both the Subject Line and body of the email.
7. In the body of the email add a line requesting that the attached Caveators / Ministers Consent be attached to Dealing Number xxx in Lodgement Case ID xxx.

Please let me @GeorgePolus know if you have more questions

Regards

George 

[GeorgePolus]

Hi all,

I just learned from NSW LRS that they have determined not to build the capability to consume PEXA attachments for Caveators / Minsters Consent in August as they had previously advised.  

Therefore, the procedure I outlined above re: sending Caveators / Ministers Consent will prevail for now, and I expect at least until Feb 2020.   If NSW LRS defer beyond Feb 2020, I will let you know. 

Regards,

George  

[AaronGibbs]

Hi @GeorgePolus 

I hope you are well.

Has there been any movement on this? Do we still need to email the consent to NSW LR post settlement? Or have they updated their processes?

Cheers

Aaron Gibbs