About cstewart

cstewart · ‎06-12-2019

cstewart · ‎22-11-2019

Hi Brianna, this may start being an issue in Victoria also. Currently we set up a Notification to the agent, which is an email from Hunt & Hunt (via PEXA platform) that settlement has taken place, and that they can account to deposit money held in trust to their company in its own right for commission expenses. It is provided to ensure "real time" notification of settlement and facilitate key release. We have started to get phone calls from agents asking us to confirm settlement has taken place, although they have the email and in one settlement this week, we were asked for an additional letter on letterhead. Hopefully this won't escalate, as the email notification system works well. Kind regards,

cstewart · ‎11-11-2019

Thank you @JonTeh As we act for a deceased estate, information is limited. However I am pleased to advise we have located a provisional folio; The search result on address showed a "Nil" result; but a search for the deceased proprietor was successful. Cheers

cstewart · ‎04-11-2019

Hi, I note that a non-survey general law conversation (TLA s14) is now a residual document process under PEXA. When creating a workspace, PEXA does not recognise the Book/Memorial reference, and requires a vol/fol to validate, before I can get to the document preparation. How do I deal with this roadblock? Has anyone done one of these yet? It will no doubt be a work in progress, so if not I will work through, and report on completion with any "handy hints"

cstewart · ‎23-10-2019

Hi Rebecca, Perpetual are often the custodians only for a number of lenders, for example I liaise with them in relation to Bendigo & Adelaide Bank matters. If they are registered on title. Have you tried the PEXA qualifier tool? Hope that might help. https://www.pexa.com.au/qualifier-tool

cstewart · ‎23-10-2019

Hi Thanh, I refer to our communication last year (copied below) ThanhHa ‎12-04-2018 07:47 AM 19607 VIEWS 21 COMMENTS @cstewart the Transmission requires that all Legal Personal Representatives are represented by the same Participant. Has this changed? We have two executors, represented by two practitioners, neither will budge in relation to representation, as they are in dispute. How do we get a Transmission registered - is this sufficient reason for LTO to accept a paper lodgement? Regards, Thanh

cstewart · ‎26-09-2019

Hi KR, I find that in these types of scenarios where the contract details/additional folios don't reflect well in the PEXA initated form; it is best to prepare a Smart Form NOA on the SRO website, and use this to send off to council, water and (if applicable) OC management. I also, dependent upon the situation send one to Land Victoria with a covering letter, just for certainty. Hope this helps

cstewart · ‎20-09-2019

I've solved my own question Located in residual documents Victoria.

cstewart · ‎20-09-2019

Hi, I note that this question was asked back in July by acdean without response. I have a similar scenario - Father, son and daughter-in-law as joint proprietors - wish to sever joint tenancy to Father 1/2 and son and daughter-in-law as to 1/2. Can this be done on PEXA yet ?

cstewart · ‎21-08-2019

Hi Claudia, have you had any success yet. My experience has been that if possible, make the amendments required in PEXA to match DOL, as currently amendment to DOL usually means 'unsignng' and extra work for all parties. Cheers

cstewart · ‎24-06-2019

Hi Nick, Is it a matter of the addresses not matching, or that they won't permit an overseas address. Have you tried editing the Participant section to change the address to match the DOL form?

cstewart · ‎18-06-2019

Hi, its Duties on Line - Victoria - part of the State Revenue Office

cstewart · ‎18-06-2019

Hi all, Be aware of some new anomolies occuring as a result of the new DOL updates. For example, ABC Limited (in full) and ABC Ltd (abreviated) will now stop claiming Duties Form Settlement Statement - there is no longer a pop up box, allowing an incoming proprietor to proceed, having evidence to support the difference. This issue will mean that the form will require edit, which will unsign, and then re-signing by both parties. My attempts to find a work around or solution from DOL, PEXA hotline or Land Use Victoria, took valuable time, and the only solution provided was to edit the DOL form. A big shout out however to Mr Jonathan Teh, Executive Manager, Practitioner Services (Vic) who provided a practical solution to edit the Participant in PEXA to match the DOL form, and complete the justification reason as "approved abreviation". Thank you Jonathan, you saved the day on this one. There have been some additional issues raised with me by other subscribers, when trying to claim the form under the new regime, and we anticipate there will be more, but as they say .... stay positive, onwards and upwards.

cstewart · ‎08-05-2019

Hi TJ, have you had a chance to do this yet, or if you have I just can't find it! Cheers

cstewart · ‎07-05-2019

Hi, Is there any information as to when it will be possible to end a Section 173 Agreement on PEXA? I had hoped it would be in the list of residual documents as it is linked with registration of a Section 173 Agreement, in much the same way as a Withdrawal of Caveat goes with a Caveat. Cheers,

cstewart · ‎17-04-2019

Oh, that's a shame, as I could assist in Victoria. Here, we would invite the bank into the workspace, with as much information as possible re: client account etc, advising that the loan has been repaid, but still in control of bank. We would ask the bank to accept the invitation or transfer EcT control. Hopefully someone can assist in NSW. Cheers,

cstewart · ‎17-04-2019

Hi, is this for Victoria?

cstewart · ‎17-04-2019

Hi TJ, any chance you can post this on the Property Exchange Australia Ltd (PEXA) Linked In page ? I could then circulate to my network. :)

cstewart · ‎15-04-2019

HI Andrea, The answer is no, currently not. I agree, it will be a welcome addition when it is available, as we still have to draft a standalone Notice of Acquisition Smart Form and send off to the council, water authority and land tax office to evidence the change. Also, with LPR Applications, the same scenario. Cheers, and happy Pexa-ering.

cstewart · ‎25-03-2019

Hi, yes, the link to Part Tenancy Transfer Vic is https://community.pexa.com.au/t5/Help-Centre/Part-Tenancy-Transfers-VIC/ba-p/7311 Cheers,

cstewart · ‎15-03-2019

Thanks Emily, That's great and thank you.

cstewart · ‎15-03-2019

Good morning, Am I correct that Transmission application by trustee of Bankrupt Section 51(1) Victorian TLA is still not available on PEXA? If so, any update on when this will be included? Thank you.

cstewart · ‎15-03-2019

Hi Ashlee, I am interested how you dealt with the stamp duty issue. As I understand it this would not be a DOL transaction and would need to be lodged for determination. Doesn't this mean you can't proceed on PEXA? I have one that is reverting back from Trustee to the discharged bankrupt, and that is what we were told to do, ie. paper transaction due to stamp duty. Would be great to hear how you proceeded. Thank you.

cstewart · ‎04-03-2019

Hi Louise, I am interested how you go on the PEXA platform. I recently had to do this in a paper format (as the executor purchased the property for real consideration and PPR) and it was refused. The LTO legal team advised that it was a conflict of interest, and we had to providing supporting evidentiary materials to confirm that the beneficiary under the will (not the executor) had agreed to the transaction. Therefore, if there are any stamp duty issues, you may need to do on paper. Otherwise, if it is a devise in the will directly to the same party, it may be OK.

cstewart · ‎28-11-2018

Thank you Brook, will do.

cstewart · ‎26-11-2018

Good morning, We have a number of WA outstanding matters where the Paper title has not issued back to us as Subscriber as requested on the Lodgement Instructions. Our client mortgagee requires a paper title. These matters are outstanding from August/September/October. Is this delay normal, or has there been a change in WA that no longer will issue paper titles to mortgagees. Thank you in anticipation.

cstewart · ‎09-11-2018

Is it possible to change time only for a settlement, or do we just let it roll over ?

cstewart · ‎29-10-2018

Hi George, I am transferring from an Executor on Title to themselves in their own right. I am having difficulty in getting the Transfer to Prepared. I have created a second party, being the incoming transferee and therefore have 2 roles. Is this correct, or do I not need to have the second role. Thank you.

cstewart · ‎26-10-2018

Hi George, further to below chain, I act for an Executor who is the sole beneficiary, so about to complete two workspace activities: (1) Transmission and then (2). Transfer to Beneficiary (subject to completing DOL form as additional requirement in PEXA as below). Any further updates on this being streamlined? Thank you in anticipation

cstewart · ‎25-10-2018

Hi Saysa, I am currently effecting a Transfer by Third Party in the capacity of panel lawyer for Mortgagee Bank in possession. It would be beneficial if the Help Card above is amended, as I have discovered that as my Role is Mortgagee on Title, I cannot create the transfer document. The Support Team have confirmed that the Incoming Proprietor is the only party that can create the transfer document. That amendment will save a lot of time for subsequent users of the Quick Reference Guide. My question is however, the tasks include a "Create discharge of Mortgage", and this document was not required in the paper world, as upon lodgement of a T3 by the mortgagee in possession, the mortgage discharged automatically. Could you please advise? Thank you in anticipation

About cstewart

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