on 24-06-2019 03:58 PM
Since the change to LTO requirement on 15/06/2019, we are now settling matters with Victorian Caveator's Consent and uploading a copy of the letter from the Caveator to Pexa. Is this all that is required? Should the Caveator's representative, still be included in the workspace? Do they need to upload any documents to ensure the registration of our incoming mortgage is registered immediately and not having to wait 30 days or until the Caveator's consent is sent to LTO directly?
on 13-08-2019 12:54 PM
I would also like a response to this question Christine; the consent that I provide relate to Notices of Intention to Acquire under the LACA 1986. I send my letter of consent to the requesting party. Do I need to be invited into the work space? What else is required of me?
on 14-08-2019 05:51 PM
The process can be found in the Land Registry Customer Bulletin 187 found here https://www.propertyandlandtitles.vic.gov.au/customer-information-bulletins
A summary is..........Currently, when lodging an electronic dealing over a title affected by a caveat, the Lodging Party has the option to select a dealing requirement in the Lodgement Instructions indicating that the Lodging Party holds the consent of the caveator. The requirement for the physical delivery to the Registrar of the consent of the caveator will not be required. Instead, the Registrar will be relying on the dealing requirement being selected, along with the standard certifications on the dealing, as being evidence that the consent of the caveator is held by the Lodging party. The dealing, when received, will be registered. Again, the caveat remains on title.
The change does not remove the requirement on the Lodging Party to obtain the consent of the caveator. It simply removes the requirement to physically produce that consent to the Registrar. In a compliance examination, the Lodging Party will be required to produce the consent held.
If the dealing requirement in the Lodging Instructions is not selected, then the dealing, when lodged, is held unregistered while notice is given to the caveator under section 90(1) of the TLA.
Note: This change does not apply to dealings lodged in paper, where consent of the caveator is still required to be produced.
I hope this helps.
on 14-08-2019 05:58 PM
In addition.................the party representing the caveator does not need to be a party in the workspace if they are not withdrawing their caveat. If they are only giving consent to the registration of the dealing/s they only need to provide the consent letter/document to the party requiring that consent to lodge.
on 11-11-2019 02:23 PM
Thanks Aaron, we have tried this process by adding the 'dealing requirement' for a Caveator's Consent on several occasions and the Caveator has not been included into the workspace (as you mentioned). The dealings have not been registered and remained 'unregistered' days after settlement. We needed to revert back to old paper process and email the Caveator's Consent (already attached in 'Files; in Pexa) directly to the LTO and once this was received, the dealings were registered ie: 3-5 days later. We have still not found a way for this to occur electronically via Pexa.
on 18-11-2019 12:21 PM
on 19-11-2019 09:21 AM
LUV revised the requirement for Supporting Evidence for a Dealing requirement for Caveators Consent from YES to NO in June 2019.
This means, per your description above, from June 2019, a Party Lodging over a Caveat may select Dealing Requirements of Caveators Consent in the Lodgement Instructions, if they have such Consent.
PLEASE NOTE: Auto Registration does not apply to all dealings. This is why some dealings will remain in a state of Lodged for a number of days. During this period the Registrar is completing manual examination. It does not mean that something has 'gone wrong'. Once manual examination has completed, LUV will return to PEXA the Lodgement Status Advice. The Lodgement Case will advance from Lodged to Completed. The Document Status of each Document in the Ldogement Case will advance from Lodged to one of the following:
on 19-11-2019 03:09 PM
Thank you all for your contribution to this thread. LUV (Land Use Victoria) has identified an issue for when a dealing requirement has been selected. There is a fix for this issue scheduled for release this weekend 22nd November 2019. The result of this fix is there will be less delays due to notices/requisitions being sent out. The process will be as set out in "luv customer information bulletin 187"