Last updated: 05 September 2019
Jurisdiction: VIC
Additional Resources: Help Card
Overview
A Transfer by Third Party (also known as a Transfer by Mortgagee) is a Transfer document type where the Registered Proprietor is not a party to the Transfer. Currently, this document type is limited to parties exercising their power of sale under the interest types of Mortgage or Annuity Charge.
Note: If you are acting for the Incoming Proprietor, then follow the steps in the Transfer Help Card for Representing the Incoming Proprietor.
To process a Transfer by Third Party, you are required to complete the following:
- Notice of Acquisition
- Stamp Duty verification
- Financial settlement
Note: A new role of To deal with an Interest has been created to allow subscribers to participate in PEXA where they are representing a party that is an interest of an Annuity Charge.
Steps
- Create a Workspace with a financial settlement with the role of either:
- Mortgagee on Title—when the power of sale interest is a Mortgage, or
- To deal with an Interest—when the power of sale interest is an Annuity Charge.
- Review the Land Title.
- Invite and represent Parties in the Workspace.
Note: All parties in the Workspace must be represented. If you don't represent a party, then invite the party's representative into the Workspace.
- Create a Transfer by Third Party document:
- Navigate to Documents > Create Document > Transfer by Third Party.
- Complete the following fields on the Transfer by Third Party screen:
- Title
Check that the Title is correct.
- Under what interest is the Third Party exercising their power of sale?
Select the Mortgage or Annuity Charge in which the Interest Holder is exercising power of sale.
- Tenancy Details
Select the Tenancy Type and Party.
The Incoming Proprietor party(s) are populated as the Transferee.
- Gross Consideration Type
Select a Consideration type and fill in the subsequent fields.

- Complete all other fields as required.
- Save the document.
- If you hold a duplicate certificate of title, prepare the Nomination now, otherwise skip this step:
- On the Document screen select Create Document>Nomination
- Complete the details and select Save.
- View, Sign and Submit in the usual manner.
Note: If the title is an eCT and you are named as the CT Controller, no Nomination is required.
Note: If a third party (e.g. a bank) holds the duplicate Certificate of Title or is named as the CT Controller of an eCT, you will need to invite them into the Workspace to prepare the Nomination.
- Sign the documents.
- Complete and sign the Financial Settlement Schedule.
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