NSW Consent Processing

[JenMunzer]

Query asked from an FI:

We have a Paper Title, and want to Consent to a Notice of Death. We were under the impression that we could lodge the Consent through PEXA, and have the CT returned to us as electronic? But the only option we have for Cord evidence type is – ‘Named In CoRD Record In Land Title’.

The Cord Holder Consent fails on Lodgement.

Have we misunderstood the process? 

[GeorgePolus · Accepted solution]

In NSW a Third Party Consent to a Paper Lodgement can only be lodged in PEXA if the title in question is a No CT.  

If and only if the title were a No CT could a PEXA participant lodge the third party consent through PEXA.  In that case the CoRD evidence type will have been ‘Named on CoRD Record’.    

There are two options for your client: 

1. Retrieve the paper dup from their vault, produce the paper dup to LPI and via the production allow the third party to lodge the NoD. This would be the standard paper process.
   
   OR
2. Convert the title to NoCT in one PEXA workspace followed by  lodgement of an electronic Consent in a second workspace.
   
   The fees for both transactions (Convert paper dup to No CT and Third Party Consent to paper dealing)  PEXA Fee and LR Fee are $0.00   Here are the steps.

• Retrieve the title from the vault
• If the title edition is younger than Jan 1, 2004, it will have a CAC (Certificate Authentication Code).   If and only if the title has a CAC then the holder of the paper dup can do the following. 
  • Create a stand-alone Consent to convert paper dup to No CT.  The CAC will be used as evidence of CoRD.
  • Once the title is converted (the conversion Consent has been lodged and successfully completed) the participant will be CoRD Holder and will be able to lodge the third party consent using ‘named on CoRD record’ as CoRD evidence.
• If the title edition is older than Jan 1, 2004, the title will not have a CAC.  So, the holder of the paper dup would have to produce the title to LPI and obtain a Production Receipt Number in return.  (This is because there will be no CAC and LPI will insist on seeing as an examiner will have to verify that the title is genuine prior to conversion).
  • Create a stand-alone Consent to convert paper dup to No CT.  The Production Receipt number would be used as CoRD evidence in this case.
  • Once the title is converted (the conversion Consent has been lodged and successfully completed) the participant will be CoRD Holder and will be able to lodge the third party consent using ‘named on CoRD record’ as CoRD evidence.
  • NOTE:  The method using the prod receipt is cumbersome in this instance – but it illustrates the flexibility of the process.   It is a valid option provided by LPI.