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17-09-2018
05:49 PM
Hi, We need to lodge a caveat over a property to protect our client's interest - he is the principal beneficiary of a special disability trust. 60% of the property is held in the SDT and 40% in the name of a family member. Can we lodge a caveat over the portion in the trust only? Thanks, Erika
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27-06-2018
03:33 PM
Thanks Ames for your helpful comments. It now transpires the clients didn't actually lodge a caveat, meaning there is only one dealing - the transfer - so we need to transact electronically. Can someone please clarify for me how we deal with stamp duty? Does that also need to be transferred to the PEXA source account, or would we still be issuing an invoice for duty in DOL that we provide to them separately for payment? Kind regards, Erika
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04-05-2018
04:14 PM
Hi all, My clients are the parents (A &B) of C. C and A own a property as tenants in common in equal shares. A & B have loaned C money to purchase C's half of the property which is secured by caveat. A & B now seek to (a) withdraw the caveat and (b) A wants to transfer his half of the property to C as a gift. Are these treated as separate transactions that must be lodged separately in PEXA, or can they still be lodged directly with the Titles Office after the transfer is processed in DOL? If this needs to be processed through PEXA, how do we go about paying the duty at the time of the transfer? We don't have a trust account so would be using the PEXA source account. Does the duty and all registration fees simply get deducted from our own office account or is it paid from the source account and we're then sent a bill? Thanks, Erika
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30-04-2018
02:31 PM
Hi All, If the registered proprietor wishes to apply to have a caveat removed on the basis that the caveator no longer has the interest they claimed (the s 89A application for service of notice), can this and the supporting legal practitioner's certificate be lodged via PEXA? Or does this still have to be done by paper? Thanks, Erika
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04-04-2018
09:29 AM
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I have 2 questions. Background We need to transfer a property which is registered in the names of the legal personal representatives of the deceased, to the trustee of a trust created under the deceased's Will (transferee). Our instructions come from the intended transferee (who has been dealing directly with the executors). Question 1 Do we need to act for all parties (the transferor executors and the transferee) in PEXA? If so, do we just need signed client authorities for all parties (both transferors, ie the executors), as well as the transferee? Is there any way to create the transfer in PEXA and then send the transfer to the executors to sign and have their identities verified at Australia Post, or do we need to sign for them in PEXA? Question 2 To convert the pCT to an eCT in PEXA I'm assuming we need to be in the role of Proprietor so would need to be acting for the transferors? What do we then do with the pCT - does this need to be returned to the LTO? Thanks, Erika
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16-03-2018
01:53 PM
Hi Jennifer, I have exactly the same question - 2 registered proprietors (joint tenants) wish to change the title into 1 of their names only, there is a bank involved (Westpac). How do we deal with the need for the bank to "produce" the eCT for the transfer to occur? Are there additional fees for this (analogous to the old "made available" fee)? What sort of timeframes apply when a bank is involved? Also are there any additional documents or information we will require from the clients (eg market value of property)? Thanks, Erika
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