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since ‎27-11-2017
‎27-11-2017
cmac
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Re: Signing a Transfer pursuant to a Court Order

by GeorgePolus Star Employee in Ask the PEXA Community
‎23-11-2021 09:46 AM
‎23-11-2021 09:46 AM
Hi Michelle,   Transfers pursuant to a Court Order must be signed by the Court as Transferor.    The 'court' may not subscribe to an ELN.   In order to process these dealings in PEXA you will need to lodge the 'wet signed' transfer as a DWE (Dealing with Exception).   You will need to attach the Lodgement Rules Exception form selecting the below item: 50.3 where execution by a person other than the registered proprietor is required, such as a court officer or a guardian when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009 Please remember that the rule will apply that if one dealing in the lodgement case is a paper dealing (DWE) then all dealings in the lodgement case must  be a paper dealing (DWE).   Hence if the transfer is to be preceded by a Discharge of Mortgage and/or followed by a Mortgage (for example) then each of  these dealings must be a separate DWE dealing in the lodgement case.   Please let me @GeorgePolus know if have further questions. Rgds George ... View more
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