Acting for the purchaser and the matter has already settled in NSW. We hold a paper DM and ToL and wish to lodge these electronically. I have seen the Discharge of Mortgage process interactive video tutorial however it says that you may only do the DM via PEXA using that method when you act for the Discharging Mortgagee. Can anyone please provide some assistance?
It is correct that only the mortgagee (or their legal representative) can prepare, sign and lodge a discharge of mortgage in PEXA. You can lodge the discharge and transfer in paper, but cannot use them in PEXA.
In order to lodge in PEXA, you would need a Workspace where you, the other lawyer/conveyancer and the mortgagee are present. A PEXA Transfer must be signed by your firm and the other lawyer/conveyancer, and the discharge of mortgage by the mortgagee on title.
We've had a few queries recently where people hope to use documents accepted at a paper settlement to lodge electronically. If parties are settling in paper, they should only accept paper instruments which can be lodged in paper. If there is a requirement for certain instruments to be lodged electronically, the parties could choose to settle in paper (without accepting instruments) and separately create a PEXA Workspace for lodgement. Or they could choose to settle and lodge in PEXA.