About TSullivan

As with the 'paper' channel, most Land Registries will accept Lodgement of the Transfer, but REGISTRATION is a different matter.  Absolute Caveats will prevent Registration, unless removed.  Subject to Claim Caveats may prevent Regsistration, depending on the Caveats Claim.  This is really a Land Registry processing matter.    Regards,  Travis Sullivan - PEXA.  ... View more

Hi @KD11  Thanks for your question.  You can certainly do this seamlessly in PEXA as long as:  1. The lodged Priority Notice is not due to expire before the Settlement Date - if it is, i cant recall if you can extend a PN in QLD, like in other jurisdicitons or just lodge a fresh one.  2. The documents to be lodged 'Document type and Party Name details' named in the paper PN match the Document Types and Party Names in PEXA.    Hope this helps!  Regards,  Travis Sullivan - PEXA  ... View more

HI @MML  In NSW, Survivorships are referred to as 'Notice of Death'   The good news is they are most definately available for lodgement electronically on PEXA.    Here is the help card: https://community.pexa.com.au/t5/Help-Centre/Notice-of-Death-NSW-Help-Centre/ba-p/19276    If your familiar Survivorships in other jurisdictions, the process is very similiar in NSW.    Regards,    Travis Sullivan - PEXA ... View more

Hi @Clarkee  Always best to confirm with NSW LRS.. but my understanding is that you will  no longer need to produce the original document to the LRS, as they will recieive the attachment as part of the lodgement.  Regards, Travis Sullivan - PEXA  ... View more

Hi @kennedsh    Thank you for your questions. As some of your questions relate to Participation Rules and Audit, I will need you to confirm those items with the NSW Land Registry.    1. Notice of Death (NSW) - If we are a participant in a transaction where the Notice of Death is present, will we need to hold a copy of the Death Certificate in the event the lodgement case is audited by the Land Registry and we as the Responsible Subscriber receive the audit request? - Please confirm with the NSW LRS.    2. New attachment types for documents (NSW):    (1) Do the attachments flow through to the Titles Office? i.e. does the Title Office get to see the attachment? - Yes, once lodged, the Land Registry is able to retrieve (download) the attachment to assist in their examination process.    (2) Does the Responsible Subscriber have visibility of the documents to verify their accuracy? e.g. can we see the Minister's Consent? - Yes. The subscriber that uploads the Attachment can share the file with other participants in the workspace. This is done at the time of upload, using share 'setting' logic. If a subscriber has not shared the attachment with you, it can be shared by that subsciber editing the file share settings. For more detail, please feel free to Direct Message me.    (3) In the event of an audit by the Land Registry, does the Responsible Subscriber need to hold a copy of these attachments? - Please confirm with the NSW LRS.    Hope this helps!    Regards,    Travis Sullivan - PEXA  ... View more

Hi @Susandunn  Part tenancy transfer has been available for sometime now in NSW.  On Feb 8, allowing Joint Tenant titles to be utilised in a part tenancy transfer.  Notice of death will be available in NSW on March 16 as we needed to await availability of NSW LR's new platform.  I'm more than happy to demo this on advance if you would like.  Regards,  Travis Sullivan - PEXA.  ... View more

Hi @Clarkee  You are correct.  As part of the upload file process, select File Description and choose "Caveator's Consent" from "Land Registry Attachment Files".  Just let me know if you need help when you attempt this post R11.1.1 Release :)  Regards,  Travis Sullivan - PEXA  ... View more

Hi @Clarkee    A Caveators consent is optional, not expected to be high volume and therefore not managed by a check box.    For a Mortgage, the check box indicates that they intent to attach a Terms and Conditions file.   This ensures that the status of the Mortgage remains 'Prepared - Awaiting Attachment', not allowing the Mortgage to be signed until the file is uploaded and attached to the Mortgage.    Hope this helps.  Regards,  Travis SUllivan - PEXA ... View more

Hi @Clarkee  Yes, you are right, the Incoming Mortgagee would have needed to invite a subscriber to represent the Proprietor on Title for that refinance scenario to work.    Regards,    Travis  ... View more

Hi @Jodietai  The refinance scenario you have tested in the Training environment is valid and will be able to be completed in WA from Monday on wards.  In regards to your question concerning the 2nd Mortgage process, I am not really across it and it is probably not PEXA's area to comment.  I will forward your question to Landgate and post their response back here if that is ok.  Regards,  Travis Sullivan - PEXA    ... View more

Hi @suet  This should be fine in NSW.  VIC is the only jurisdiction that requires the same title to be referenced across all document.  Hope this helps.    Regards,  Travis Sullivan - PEXA ... View more

Hi @Clarkee    The example I was referring to, where a Mortgagee can effect a name change via a mortgage, unfortunately, does not apply to WA (VIC, NSW, QLD, SA allow this).    This is why the Change of Name document has been introduced to WA.    It can be lodged either: 1. standalone, OR 2. together with the Mortgage, preceding it in lodgement order.     Please note that the Proprietor's representative must complete the Change of Name.   This will mean that the Mortgagee will need to invite to the workspace, a representative of the Proprietor.    Hope this helps!    Travis Sullivan - PEXA  ... View more

Hi DMc.  A WA 'Change of Name' document will need to be created and singed by a representative of the proprietor.  In other jurisdictions, a Mortgagee can effect a proprietor (mortgagor's) the name change in the Mortgage, via a name justification.  WA do not allow this.  WA Change of Name has been introduced to support the process.    Regards,  Travis Sullivan - PEXA ... View more

Hi LLW.    I just reached out to Landgate and they have advised they will be issuing communications next week regarding  the Change of Name, as it should come directly from the Registry.    I can advise that the A5 form will not need to be completed and attached, as the PEXA Change of Name form replaces the A5 in this context.    I can also advise that the following attachments types can be uploaded and attached to the Change of Name document (currently optional), as applicable to the Application. Specific details when each might be mandatory will be pending  Landgate's advice:  Australian Securities Investment Commission Certificate Change of name certificate Citizenship certificate Consent letter Court Order Marriage certificate Other Statutory Declaration  Please let me know if you have any further questions.    Regards,  Travis Sullivan - PEXA.  ... View more

Hi Sharron.  Apologies for the very long delay in response. I hope this solution will help you when you have a similar transaction next time!  For this scenario, where one of the 'interest holders' (mortgagee) is staying on Title as Mortgagee, it would be best to take the following steps:  Create the workspace in role 'To Deal with an Interest'  Create Party A as an Interest Holder  Add role of Mortgagee on Title  Represent the Mortgagee on Title Parties A and B  You should now be able to successfully create Your Transfer of Interest document From Mortgagees A & B to A.  Regards,  Travis Sullivan - PEXA ... View more

Hi Cory.  NSW Notice of Death is close. Its now looking like late February next year.  Sorry that it has been deferred previously. As mentioned on other posts, PEXA has built the changes but cannot activate it until our stakeholders are in a position to receive them for lodgement.  We will keep you informed closer to it's release date.  I too would like to have Notices of Death activated ASAP :)  Regards,  Travis Sullivan  Product Owner - Lodgement Services PEXA ... View more

Hi Lindy.    Please try this link - https://community.pexa.com.au/t5/Help-Centre/Lease-NSW-Help-Centre/ba-p/13758    If you have more questions, please feel to direct message me and I can help you through it.    Regards,    Travis Sullivan - PEXA ... View more

Hi @simondunn    There has been no further information from NSW LRS to advise when Survivorships will be available in PEXA.    We will be ready, willing and able to schedule it int o one of our releases as  soon as they give us the go-ahead that they are ready to receive them.    Regards,    Travis Sullivan - PEXA ... View more

Hi Cory.  Thank you for your response.  The Survivorship was not implemented in our previous release as the NSW LRS was not yet ready to receive the document electronically for lodgement.  We are working with them to ensure it can be accepted in the August 2019 release and I will keep you updated on the outcome.  Regards,  Travis Sullivan - PEXA   ... View more

Hi Karen.    In agreement with NSW LRS, NSW Notice of Death will be available in PEXA from August 2019.  Please let me know if you would like to see a preview or discuss any matters in relation to this document type.    Regards,    Travis Sullivan - PEXA   ... View more

Hi Julia.    Thanks for your post.    'Share being Transferred' just displays the share of the title owned by the Transferor.   Currently a Transferor must transfer their entire share in PEXA. But, PEXA will soon be updated in May, to allow a Tenant in common to transfer less than their entire share on title to either a new party or to an existing Proprietor on Title.    The reason for displaying the 'Share being Transferred' is that is what the Land Registry will render on the Transfer form itself. E.g. as to the undivided 1/2 share of 'A'.    If you would like to direct message me, I am happy to discuss or even demonstrate some scenarios. As you know, Transfer sceanrios can get very complex!    Regards,    Travis Sullivan - PEXA  ... View more

This appears to be minimal impact to PEXA Transactions, as the impacted fees are related to additional charges where a Document affects more than 1 interest.    They will charge the single fee through PEXA and then seek the additional fees outside of PEXA (when applicable).    The only impacted document type in PEXA would be Discharge of Mortgage (where multiple Mortgages can be discharged in the 1 Discharge document).    Withdrawal of Caveat in PEXA requires a separate WC for each Caveat being Withdrawn. So no impact in this regard.    Hope this helps.    Travis Sullivan - PEXA  ... View more

Hi Robyn.   This is planned to be released in NSW in August 2019 (PEXA Release 10.1).    If you have any questions on the process to complete one in PEXA, please let me know.    We would appreciate your input.    Regards,    Travis Sullivan - PEXA ... View more