on 25-11-2018 02:56 PM
Thanks for your query of OSR. We have reached out to OSR and they have advised that they will respond as soon as possible. I will be sure to follow them up and respond to your query as soon as I have the information to hand.
on 25-11-2018 03:00 PM
I am not aware of any plans in this regard at this stage. Our current position is for firms to add these additional T&C in a Memorandum of Common Provisions, register that at Landgate and then point the NMF to it.
Hope this helps
on 25-11-2018 03:15 PM
When we are registering a mortgage on PEXA on behalf of a mortgagee client in a transaction when the mortgagor is also represented (ie has counsel acting for them), why does PEXA require us to give certification 5(a) set out in schedule 3 (Certification Rules) of the Participation Rules, ie certify that we (or the mortgagee we represent) has taken reasonable steps to verify the identity of the mortgagor?
The reason that I ask is that clause 6.5.1(b)(ii) of the Participation Rules only requires us to VOI the mortgagor if the mortgagor is not represented, ie the mortgagor does not have counsel acting for them. There appears to be a mismatch between the certification rules and clause 6.5.1 of the Participation Rules here.
In other States eg Victoria and NSW there is no mismatch because there is overlying legislation that always requires the mortgagee to undertake VOI of the mortgagor, but there is no equivalent legislation in WA. WA only has VOI-01, which doesn't apply to electronic transactions.
on 25-11-2018 03:24 PM
Currently when there is a positive TAC, this does show in a panel notification in the Workspace Summary screen. Within this panel, there is a link to 'View Activity', which currently opens up the Land title page where you can scroll down to the TAC details to view the activity.
In our next release 9.0.1 (scheduled for 8 December), an enhancement is being made to show the title activity directly from the WS summary page.
Hope that answers your question.
on 25-11-2018 03:30 PM
A question for Landgate: My understanding is that the Land Titles Registration policy and procedure guides for verification of identity VOI-01, VOI-02 and VOI-03 only apply to transactions lodged in paper, and that for any transactions lodged electronically the verification of identity rules set out in the Western Australian Participation Rules apply. Is this correct?
on 25-11-2018 03:43 PM
Yes that is correct @ChrisB...this is outlined in VOI-04 which can be found here:
on 25-11-2018 05:43 PM
Hi @ChrisB, thanks for your question. I hope the below answers your question. If not, happy to discuss further.
6.5.1(b)(ii) of the Model Participation Rules requires a Representative Subscriber (lawyer or conveyancer) acting on behalf of a mortgagee (financial institution), to take reasonable steps to VOI all mortgagors who are unrepresented, unless the Representative Subscriber is reasonably satisfied that the mortgagee has already done so. Under item 5, Schedule 3, the Rep Subscriber is then required to certify that it has taken reasonable steps to VOI the mortgagor or is reasonably satisfied that the mortgagee has done so.
Section 23(1) of the Electronic Conveyancing Act 2014 (WA) provides that the Registrar may determine rules relating to the use of an Electronic Lodgement Network (Participation Rules). As such, the rules you refer to are mandated by WA legislation.
on 25-11-2018 05:45 PM
That's a wrap everyone.
If you have any further questions, please continue to post here. Landgate, OSR and PEXA will be happy to answer them.