A Consent document is an authorisation document required by the New South Wales Land Registry for the successful lodgement of your property transaction where there is a requirement to release the title in order to change direction.
To be able to create a consent you must be, or be representing, a Mortgagee on Title, a Proprietor on Title, or an Incoming Mortgagee in PEXA and hold the control of right to deal (CoRD).
CoRD is the right of the holder to consent to the registration of a subsequent interest in land.
Note: The consent is lodged as part of the transfer lodgement case at settlement. The Consent can be created before the Transfer document has been created by the Incoming Proprietor.
Currently eCTs are only available to:
- APRA regulated Financial Institutions, who hold a registered first mortgage; and
- Are PEXA subscribers, or are represented by a PEXA Subscriber.
Therefore, in the Issuing Instructions, you must select Print and Deliver CT to the Responsible Subscriber (Incoming Proprietor or Incoming Mortgagee).
Create a Transaction Party Consent
Scenario: Bank 1 elects to discharge a Mortgage from a land title. Bank 1 is the CoRD holder and holds the paper Duplicate Certificate of Title. The CoRD holder must create a Transaction Party Consent document in PEXA.
- Select Documents from the left hand side navigation.
- Click the Create Document button and select Consent from the list.
- Consent Type defaults to Transacting Party Consent - this is required when the CoRD holder is a participant in a transaction. This is the most commonly used Consent type.
- Document to Which Consent Party Consents defaults to Instrument in Workspace.
- Click the Add Land Title button.
- Click the Torrens Title arrow to select the land title from the list.
- Click the Cord Evidence Type arrow to select Duplicate Certificate of Title from the list.
- In the Edition field enter the edition number of the Duplicate Certificate of Title, e.g. 2.
- In the Date field enter the date the duplicate certificate of title was issued.
- If available, enter the Certificate Authentication Code (CAC).
- Click the Confirm button to continue.
- Click the Save button to save the Consents document.
Lodgement Instructions
- Hover over the Consents Lodgement Instructions and click the Edit button.
- Select one of the following options in the CT Direction:
- Issue CoRD and do not print
- Print and deliver
- Click the Save button to save the Consent Lodgement Instructions.
Create a Conversion to No-CT Consent
Scenario: The CoRD Holder is deemed eligible for No-CT, therefore a standalone consent document is created to quote the Paper Duplicate CT Certificate Authentication Code (CAC) number.
Documents Screen
- Click the Create Document button and select Consent from the list.
- Consent Type defaults to Conversion to No-CT
- Click the Add Land Title button.
- Click the Torrens Title arrow to select the land title from the list.
- Click the Cord Evidence Type arrow to select Duplicate Certificate of Title from the list.
- In the Edition field enter the edition number of the Duplicate Certificate of Title, e.g. 2.
- In the Date field enter the date the duplicate certificate of title was issued.
- If available, enter the Certificate Authentication Code (CAC).
- Click the Confirm button to continue.
- Click the Save button to save the Consents document.
