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Error in Priority Notice - QLD

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  • Re: Bank name incorrect on Priority Notice - QLD

Error in Priority Notice - QLD

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pallathr
pallathr
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on ‎20-07-2020 10:08 AM

on ‎20-07-2020 10:08 AM

Error in Priority Notice - QLD

Hi,

 

We are getting large number of requisitions from QLD titles office due to error in Priority Notices that have been lodged by conveyancers/solicitors under the PEXA workspace. On almost all, the reason for the requisition is the mortgagee (incoming bank) name does not match.

Solicitors/conveyancers are selecting ANZ RETAIL & SMALL BUSINESS instead of AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED when preparing the priority notice. Many of the conveyancers/solicitors are either refusing to withdraw the priority notice or not aware of the process of withdrawal once the PEXA workspace has settled. We should not have to wait for 60 days for the priority notice to lapse in order to have the documents registered. 

 

Is there any way of highlighting this issue with the conveyancers/solicitors?

 

Thanks

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pallathr
pallathr
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on ‎20-07-2020 10:12 AM

on ‎20-07-2020 10:12 AM

Re: Error in Priority Notice - QLD

Further to my concerns raised, banks do not have the ability to view the priority notice on PEXA before settlement occurs to ensure it has been prepared correctly. Being able to view the priority notice and getting in rectified before settlement would eliminate any requisitions being raised by titles office.

 

Thanks


@pallathr wrote:

Hi,

 

We are getting large number of requisitions from QLD titles office due to error in Priority Notices that have been lodged by conveyancers/solicitors under the PEXA workspace. On almost all, the reason for the requisition is the mortgagee (incoming bank) name does not match.

Solicitors/conveyancers are selecting ANZ RETAIL & SMALL BUSINESS instead of AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED when preparing the priority notice. Many of the conveyancers/solicitors are either refusing to withdraw the priority notice or not aware of the process of withdrawal once the PEXA workspace has settled. We should not have to wait for 60 days for the priority notice to lapse in order to have the documents registered. 

 

Is there any way of highlighting this issue with the conveyancers/solicitors?

 

Thanks


 

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pallathr
pallathr
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on ‎11-08-2020 03:27 PM

on ‎11-08-2020 03:27 PM

Re: Error in Priority Notice - QLD

Hello PEXA Support team staff


@pallathr wrote:

Further to my concerns raised, banks do not have the ability to view the priority notice on PEXA before settlement occurs to ensure it has been prepared correctly. Being able to view the priority notice and getting in rectified before settlement would eliminate any requisitions being raised by titles office.

 

Thanks


@pallathr wrote:

Hi,

 

We are getting large number of requisitions from QLD titles office due to error in Priority Notices that have been lodged by conveyancers/solicitors under the PEXA workspace. On almost all, the reason for the requisition is the mortgagee (incoming bank) name does not match.

Solicitors/conveyancers are selecting ANZ RETAIL & SMALL BUSINESS instead of AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED when preparing the priority notice. Many of the conveyancers/solicitors are either refusing to withdraw the priority notice or not aware of the process of withdrawal once the PEXA workspace has settled. We should not have to wait for 60 days for the priority notice to lapse in order to have the documents registered. 

 

Is there any way of highlighting this issue with the conveyancers/solicitors?

 

Thanks


 



,

I am yet to hear back in regards to my concern raised around the Priority Notice error in QLD which I raised 3 weeks ago. Can somebody be kind enough to respond and have this issue addressed with the conveyancers/solicitors?

 

Thank you

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HeatherC
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on ‎12-08-2020 08:54 AM

on ‎12-08-2020 08:54 AM

Re: Error in Priority Notice - QLD

Hi @pallathr, 

 

Since our most recent release, R12.1.0, all Workspace participants have been able to view a Priority Notice - details available here in our Release Notes. 

 

All the best. 

 

Heather 

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pallathr
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on ‎18-11-2020 06:53 AM

on ‎18-11-2020 06:53 AM

Bank name incorrect on Priority Notice - QLD

Hi Heather,

 

We continue to see a number of requisitions from QLD titles office due to error in Priority Notices that have been lodged by conveyancers/solicitors under the PEXA workspace. The reason for the requisition is the mortgagee (incoming bank) name does not match.

Banks do not have the ability to create a priority notice and hence cannot validate the claims of the solicitor/conveyancer. The last time I had raised this concern with PEXA Support, I was advised that the bank name box is a FREE TEXT space - if that is correct, why are we getting so many issues where ANZ bank name is continuously coming up as ANZ RETAIL & SMALL BUSINESS? 

 

Solicitors/conveyancers continue to select ANZ RETAIL & SMALL BUSINESS instead of AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED when preparing the priority notice. Many of the conveyancers/solicitors are either refusing to withdraw the priority notice or not aware of the process of withdrawal once the PEXA workspace has settled. We should not have to wait for 60 days for the priority notice to lapse in order to have the documents registered. 

 

We now have solicitors wanting the bank to pay for them to withdraw the incorrect priority notice. This has become a very frustrating exercise every time a priority notice scenario is involved. Below is an extract of a solicitor response received:

Our priority notice was lodged per the representatives entered into the PEXA workspace. We note our priority notice would not have been accepted had it not noted the representatives as they were set up (by ANZ) in the workspace.

It is therefore not necessary (or appropriate) for us to attend to the withdrawal of our priority notice at our cost. 

As previously advised, we are happy to assist with the withdrawal for the fee advised. That offer still stands.

 

We would appreciate if this ongoing frustrating issue can be addressed & highlighted with the conveyancers/solicitors?

 

Thank you

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SoniaC
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on ‎14-07-2021 04:31 PM

on ‎14-07-2021 04:31 PM

Re: Bank name incorrect on Priority Notice - QLD

Hi pallathr,

 

When preparing a Priority Notice only put the Transfer on and remove any Discharge of Mortgage or Mortgage.  In terms of Priority a Discharge of Mortgage will not be effected and "once the Transfer is registered" the new Mortgage will be lodged.

 

Hope this helps,

Sonia

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pallathr
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on ‎01-09-2021 12:00 PM

on ‎01-09-2021 12:00 PM

Re: Bank name incorrect on Priority Notice - QLD

Thanks Sonia.

 

The priority notices referred in my discussion are being prepared and lodged by conveyancers/solicitors. Maybe PEXA should provide feedback and further training to conveyancers/solicitors if required.

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