Does the Title Activity Check (TAC) in PEXA pick up a writ on title? YES!

[BelindaLeFevre]

Recently I was asked if a Title Activity Check (TAC) picks up if a writ is placed on title.  The answer is YES it does.  The TAC will pick up on any activity for the title/s in the workspace, providing the activity occurs within the TAC period:

60 days <--------------------------Title added to workspace --------------------------------------> Settlement 

 TAC looks at activity 60 days prior                            TAC runs weekly until week of settlement, then daily, then 1 hour before 

        (initial TAC period)

If a writ was placed on title  prior to the initial TAC period, PEXA would not be able to report on this in subsequent TACs as the TAC looks for incremental activity, since the last TAC.  Therefore, as per standard conveyancing practice, it is prudent to order a full title search at the beginning of a matter.

Please get in touch if you would like to chat about this further.

Have a great day!

Belinda

[annearthur]

Hi Belinda,

Thanks for that information but I must admit I am now confused.  I participated in a webinar on 5  February 2019 on NSW Transfers for buyers.  In response to a question posted as to whether the TAC removes the requirement for a final search, the presenter replied that mortgagees no longer require final searches but rely on the TAC.  However one of the PEXA officers assisting the presenter then commented that the TAC does not detect a writ recorded on the title in NSW.  

I understand that the TAC does not pick up activity prior to the initial TAC period, but does it pick up a writ recorded on the title during the 60 days prior to creation of the workspace through to the last TAC 55 minutes before settlement?

I hope you can clear this up.

regards,

Anne

[BelindaLeFevre]

Hi Anne,

So sorry for the confusion on this topic.  I understand there was some information provided on the webinar that was not explained correctly.  I have had a chat to the team about this and clarified for further sessions.  A TAC WILL pick up a writ if it occurs in the TAC period.  It will not pick up a writ if it is already on title, and is not visible under the "Land Titles" screen in PEXA.  The Land Titles screen in PEXA is a cut down version of a title search, designed to show who is on title and if there are any caveats on title.  We expect to expand the details in this screen in coming releases.

So in short, the title activity check (TAC) will pick up a writ that is placed on title within the TAC period, at the regular intervals the TAC is run (weekly after the workspace is opened, and daily in the last week of settlement, then 1 hour before settlement).

Hope this helps to clarify.

cheers

Belinda

[Ashlee]

Hi,

Can a Writ be removed from title in PEXA, or will this force the transaction to become a paper settlement?

If it can be electronic, can you please provide instructions how to cancel recording of writ.

Kind regards

Ashlee

[BelindaLeFevre]

Hi @Ashlee ,

Unfortunately writs or the removal/cancellation of, can't be transacted in PEXA.  See the list of eligible dealings on the LRS Registrar General's Guidelines here.  Land Registries in our live jurisdictions and PEXA are working together towards 100% digital lodgment and a road map of residual dealings are prioritized nationally on a regular basis.   There is no date yet for writs in NSW.

cheers

Belinda

[BelindaLeFevre]

Happy New Year Community and welcome to 2020. 

Sending our love to all communities that have been hit hard by the fires across the state - our thoughts are with you and the dedicated firies battling as we speak.

On the topic of Writs.  Here are the facts:

• The RIS or Registry Information Supply that populates the "Land Titles" screen in your PEXA workspace, does NOT show if a writ is on title.  In fact there are a number of 2nd schedule dealings that are not populated on this screen.  See the chart below:

  2nd schedule dealings	Dealing	In RIS	Detected in TAC
  	Writ	No	If lodged in TAC period
  	Charge	No	If lodged in TAC period
  	Plan Lodged	No	If lodged in TAC period
  	Easement	No	If lodged in TAC period
  	Caveat	Yes	If lodged in TAC period
  	Lease	Yes	If lodged in TAC period

• A writ IS detected in a TAC (Title Activity Check), providing the writ is lodged during the TAC period. The TAC period runs from 60 days before the workspace is opened, then weekly right through until the week of settlement, at which time it will run daily then 1 hour before settlement.  
• It is imperative that a full title search is run prior to opening a workspace, but equally important the search is completed no earlier than 60 days prior to opening the workspace.

It's anticipated NSW LRS will start to send through 2nd schedule dealings information in RIS in the next few months as other dealing types are created for lodgement via PEXA, and require this data eg removal of a writ.

Reminder - the Land Titles screen in PEXA is not equivalent to a full title search.