Dealing with a Victorian paper Certificate of Title post discharge

[BGoodwin]

Hi,

We have completed our first discharge of a Victorian mortgage for one of our lender clients. As a result we have received the paper unencumbered Certificate of Title (in the joint owners names).

We note the Victorian Registrar's Requirements that we must take reasonable steps to verify the identity of the persons to whom Certificates of Title are provided.

Our problem is that the property owners are in Victoria, our client lender has no offices in Victoria and we are in Queensland, so we don't know how we are going to comply with the Registrar's requirement.

It also seems we are to verify the identity of both owners, before handing over the Certificate of Title.

Does anyone have any experience in complying with this requirement.

Cheers

[Ames]

Hi @BGoodwin

Thanks for your question.

ARNECC has produced some guidance on VOI here which you may find helpful. 

ARNECC also publishes guidance queries raised by Subscribers and the responses to those queries here. 

Query 4 may assist you. The response to Query 4 provides the Subscriber should VOI the person to whom the CoT is provided and their right to be requesting the Certificate of Title. So it might be that you VOI both proprietors, or a lawyer acting for them. I hope this will provide you with some assistance.

If this has answered your question, please mark this solution as "accepted".

Thanks,

Amy

[BGoodwin]

Thanks Amy,

We understand the need for VOI and the "reasonable steps" concept.

I don't believe it would be reasonable to VOI the registered owners and then send the Certificates of Title by say registered mail. That would not stand up in Court as proof we gave them the Certificates of Title.

In the absence of any other solutions, it would seem we need to employ an agent in Melbourne to physically hand over the Certificates of Title in exchange for sighting and verifying suitable identification (i.e. conducting VOI) from both registered owners (a copy of which we would retain on file).

Regards,

Barry

[Morri]

Have just had a similar situation today - customer would like their unencumbered paper title issued from an e-lodgement of the discharge - the customer now lives in New Zealand.

Now the challenge is how to complete VOI and provide the title.

[EmilyBilling]

Hey @Morri, 

There is a post here on VOI for overseas purchasers which may be useful for you. 

@Chris_ZipID anything else to add? 

Cheers

Em, Community Manager

[Chris_ZipID]

Hi @BGoodwin

This is a great question and a really common scenario. If you can't meet with your client face to face to satisfy the schedule 8 requirements, subscribers can engage an Identity Agent to complete the process for them.

There are 3 approved Identity Agents 1) ZipID 2) IDSecure and 3) Australia Post.

The Identity Agent will meet with your client face to face, complete the interview and take true copies of the client's ID documents presented at the appointment. The Identity Agent will then send back to you a report + certification to confirm that the VOI was completed according to the standard. This process full discharges your VOI obligations.

ZipID can visit your client at home or work for only $39. To find out more you can visit www.zipid.com.au or call us on 1300 073 744.

Thanks,

Chris from ZipID

[BGoodwin]

Hi Chris_ZipID                        

Are you confirming ZipID,  will be happy to receive the Paper Certificate of Title from us before handing it over to a client upon completion of their VOI. My understanding is that ZipID only does VOI and does not handle documents or obtain receipts for documents.

This is the rule we need to abide by:

ARNECC MPR Version 3

Paper certificates of title

A Subscriber must verify the identity of any client or client agent before giving them a duplicate or paper certificate of title.

A Subscriber must verify the identity of any mortgagor, former mortgagor or their agent before giving them a duplicate or paper certificate of title.

Regards

Barry

[Chris_ZipID]

Hi @BGoodwin

ZipID are an Identity Agent, so we can complete the VOI process for you but we don't handle the transfer of any documents. The process for handing over the duplicate or paper title remains the same, however, you'll need to complete the VOI first.

I hope that helps?

Thanks,

Chris

[BGoodwin · Accepted solution]

We have come to arrangement with our Settlement Agent in Melbourne to complete the VOI of the registered owners, hand them the Certificate of Title and obtain their receipt.

We are comfortable that this process complies the ARNECC Model Participation Rules.

@Morri Good luck with sending your Certificate of Title (C/T) to New Zealand. It would seem you'll need to VOI a NZ Agent who can VOI the registered owner and hand over the C/T. I doubt the Australian Embassy would handle the C/T for you.