on 23-04-2019 02:30 PM
Hoping someone can assist. We recently settled a deal in PEXA and our office inadvertently lodged two priority notices over the one title.....the documents are yet to register with the titles office and have been referred to their 'priority notice team' - we thought that to fix this quickly and not wait for the priority notices to lapse we could lodge a withdrawal of priority notice which will hopefully then force the registration to occur.
We can no longer create any documents in the settled workspace, but also appear to not be able to create a new workspace with the sole purpose of creating a withdrawal of priority notice.
Has anyone had experience with this or have any clues as to how we could get this done?
on 07-05-2019 11:19 AM
According to Land Victoria's information:
A recorded priority notice may be withdrawn at any time before it expires by lodging a withdrawal of priority notice.
A withdrawal of priority notice must be lodged using an ELN e.g. PEXA and can only be withdrawn by the subscriber who lodged the priority notice. Only subscribers who are authorised to lodge electronically in an ELN can lodge a withdrawal of priority notice.
I would expect you could create a new workspace to do this, but you're saying you can't. Are you the subscriber that lodged the Priority Notice?
on 14-05-2019 03:46 PM
Just looking at this again. Does anyone know how to complete a withdrawal of a Victorian Priority Notice? The training material implies it's easy, but I can't work it out.
I now have a file where we lodged the Vic Priority Notice for a simple refinance - it looks to be correct but Land Victoria say we need to withdraw it to allow the PEXA documents to register (or wait until it expires).
I can't create a Withdrawal (or any documents) in the original settled workspace, so I tried creating a new Workspace as an Applicant, however I can only create a Priority Notice and other documents, but a Withdrawal of Priority Notice is not amongst them.
on 26-05-2019 11:46 AM
I'll answer my own question then . Apparently you can extend or withdraw before a Priority Notice before the workspace settles or after the workspace is completed, but not whilst the documents are of a lodged but unregistered status. We need to withdraw the Priority Notice to allow the documents to register.
I've ended up with workspaces in both NSW and VIC with the same issue. NSW Land Registry kindly waived their requisition on the documents and registered the dealings. @BusinesServices_LUV where not so helpful so we'll wait until the Priority Notice expires next month.
It seems to me that we need to able to create and lodge the withdrawal of a Priority Notice in the same workspace at any time. @GeorgePolus perhaps you could have someone look into this.