About BelindaLeFevre

Dear Community,   Some community members have asked for more information on the expected timeframes for electronic dealings to register in NSW.   Some lodged electronically are auto-registered, in which case the registration can take place in a matter of minutes.  But what about those that are manually examined?  And which documents are likely to automatically register?   NSW Land Registry Services has service delivery targets for electronic dealings to either register, requisition, refer or reject is: 70% within 2 business days 100% within 5 business days   Several frequently lodged dealings can be automatically registered when transacted through an ELNO. They are: Transfer Mortgage Discharge of Mortgage Withdrawal of Caveat   All other dealing types lodged electronically are manually examined by the NSW LRS team.  There are also circumstances where a dealing that would normally auto-register requires manual examination, such as where there are certain notifications on title or where unregistered dealings may exist on title.    A delay in registration can be disconcerting for practitioners, and indicate further work/investigation may be required.  While caveats do not auto-register, practitioners can have confidence that a caveat takes effect from the date of lodgement.   Tips for community members If you want to keep an eye on a dealing as it progresses, you can utilise the free “Document Inquiry” on the NSW LRS Online Portal to check the status of the dealing by entering the dealing number referenced in PEXA.  To find the dealing number assigned: Access the documents screen from within the PEXA workspace Select View next to the document you are interested in Look for the Dealing No     For information about a specific dealing, please contact NSW LRS.   All the best Belinda ... View more

VOI and the Digital Driver Licence (DDL)   Dear Community,   The NSW government have launched the Digital Driver Licence (DDL) - the first in Australia, enabling citizens to download a licence to an application on their mobile phone.   While this is a great initiative and a convenient way to carry a licence, it should be noted the DDL has a limited use case under specific acts:   Road Transport Act 2013 Gaming and Liquor Administration Act 2007 Liquor Act 2007 Registered Clubs Act 1976 Unfortunately, the DDL can’t be used as evidence for the purpose of verifying identity in a conveyancing transaction, or to access an ELNO (eg PEXA).   Citizens should retain their plastic licence for the foreseeable future, and practitioners should be aware the DDL does not meet the VOI standard outlined by ARNECC (Australian Registrars E-Conveyancing Council) for the purposes of VOI.   Further information about DDL can be read here and the legislation can be found here.   Best regards Belinda ... View more

Dear members,   There has been some uncertainty around processing NSW Family Law transactions using PEXA.  While work was underway to clarify the impacts of such transactions on our ecosystem partners, Revenue NSW and NSW LRS, PEXA asked members to cease transacting these transactions in PEXA, and to utilise the current waivers in place for processing in paper.  I’m pleased to advise work in this area has completed with the following transaction types now back in scope for processing in PEXA:     Transaction Description Example Outcome 1 (A+B)->A Where A+B are joint tenants and one is coming off title.  Divorce Can be transacted in PEXA as all off all on. 2 A->(A+B) Where A is bringing B on title as a joint tenant. Marriage Can be transacted in PEXA.  Select A as the party staying on title. *NB the above applies to both non-monetary and dutiable scenarios   This clarification will be communicated throughout the ecosystem for alignment across members.  Please contact us via this thread to discuss in further detail.   Happy transacting :) Belinda   ... View more

Dear NSW members, The Toongabbie Legal Centre (TLC) is a community legal centre offering free legal services for the people of Western Sydney, providing legal advice and assistance to vulnerable and disadvantaged people.  TLC are hosting a conference on e-Conveyancing and it's fundamentals on 9 November 2019.  There is a fantastic line up of speakers including His Honour Justice Francois Kunc, NSW Supreme Court, Greg Channell, Tony Cahill, Sandrah Mikha from ORG and PEXA's very own e-Conveyancing Specialist, David McDowell.   For more information and to register, please see the attached flyer.  Proceeds of the conference will support this essential service.   Warm regards Belinda ... View more

Just like the invention of colour TV, Land Tax can now be paid on settlement utilizing the PEXA Platform!   Land Tax can be paid at settlement in a PEXA transaction without the availability of the physically stamped clearance certificate.   The solution was agreed between Revenue NSW, PEXA and the Law Society of NSW.   The solution required the following changes to satisfy parties, which were implemented earlier this year:   BPAY payment details available on Revenue NSW documents A document provided by Revenue NSW explaining the Land Tax payable Inclusion of agreed wording by the Law Society explaining the practitioner can be comfortable to settle Hard-coded BPAY biller details in PEXA against a new NSW Land Tax payment destination category Ability to upload Revenue NSW documents in document hub (existing functionality) The process is as follows: Purchaser or Vendor representative uploads a copy of the Land Tax Clearance Certificate (Section 47) to document hub in the workspace (under Revenue Office Documents) Vendor representative uploads the Land Tax Payable letter provided by Revenue NSW to document hub in the PEXA workspace (under Revenue Office Documents), and any additional documentation provided by Revenue NSW detailing outstanding debts (if applicable) Vendor representative creates the line item for payment to Revenue NSW, choosing the category of NSW Land Tax, with the amount as per the documents After settlement, the clearance certificate can be obtained online here by the Vendors representative 48 hours after settlement.  Note there is no requirement for this certificate to be obtained or provided to the purchaser. Office of the Registrar General (ORG) have a waiver in place in the short term to assist practitioners to transition to the new process.  The waiver will expire 30 November 2019.  The waiver can be located here https://www.registrargeneral.nsw.gov.au/__data/assets/pdf_file/0008/526733/Conveyancing-Rules-Waiver-CR-3-2019-Land-Tax.pdf   Happy transacting!   Belinda ... View more

Revenue NSW have made some changes to the messaging practitioners receive when verifying duty in PEXA.  These changes are an exciting step forward, enabling practitioners to self-help when they receive a verification error.  The messages came into effect in August and detail the title reference or name causing the stamping mismatch, enabling swift resolution:   Error New Message E114 Please match the incoming proprietors name (xxx) in your workspace with the liable party name on your Duties Notice of Assessment.  Check Revenue NSW website for further help with verification service. E108 The land title reference provided (xxx) does not match Revenue NSW records. Check your Duties Notice of Assessment or visit the Revenue NSW website for further help with verification service.   Revenue NSW have additional information available on their dedicated Duties Verification Service web page, such as a list of error codes and the required action for each. https://www.revenue.nsw.gov.au/electronic-duties-for-professionals/econveyancing/duties-verification-service   Happy transacting!     ... View more

Read my article at the below link for step by step instructions for both a transfer and a transmission application.   Lodging in PEXA after settling in PAPER   cheers Belinda ... View more

Today, 1 July 2019, marks the next milestone in e-conveyancing in NSW, with the mandatory e- lodgement of mainstream dealings.     As with any new process change, we need to be prepared for the curve balls.  One of these is the scenario where practitioners settle in paper but later discover their transaction falls within the list of dealings required to be lodged electronically.  Never fear, the team at PEXA have put together two documents outlining the process to lodge using PEXA once settlement has taken place. Transfer Transmission Application See  the attached documents and happy transacting!  As always, get in touch via the usual channels if you need help. cheers Belinda ... View more

Good afternoon NSW members,   With just FIVE days to go until 1 July, I thought it would be timely to put some last minute links and resources together for you:   Circular - announcing inclusion of dealings in 1 July compliance date New Conveyancing Rules  Waivers in effect 1 July Land Tax - in place while practitioners get comfortable with the new functionality to pay land tax in PEXA Mainstream Dealing Exceptions - all other waivers to the mandate in one document Mortgage Certifications  - certification wording Participation Rules Waiver - certification wording Conveyancing Rules Exemption Form 2019 - If you need to rely on a waiver to lodge in paper, you will need to complete this form in conjunction with the above links to adequately populate the form with the correct reference. What to do if you have settled in paper but are unable to lodge? Stand by - PEXA will release 2 documents prior to Monday explaining how to complete a transfer and a transmission application in PEXA after you have settled in paper. How to pay land tax via PEXA?  Revenue NSW and PEXA, in conjunction with the Law Society, have developed a procedure and associated system changes, to enable practitioners to pay Land Tax at settlement in a PEXA workspace with comfort for the incoming party that the debt has been cleared.  The solution utilizes the upload of the Section 47 and associated debt letter, into the Document Hub.  Detailed instructions are being created for distribution shortly. As always, feel free to respond with any last minute questions and I will endeavour to get the answers for you.   Warm regards Belinda       ... View more

Preparing for July - NSW Transition to Digital lodgment - Webinar     On 1 July 2019 all mainstream conveyancing transactions will transition online in New South Wales. The proposed scope, as per the draft conveyancing rules version 5.0, is Discharge of Mortgage, Transfer, Mortgage, Caveat, Withdrawal of Caveat and Transmission Applications.     To ensure you’re ready to transact digitally, the NSW Office of the Registrar General, Revenue NSW and PEXA will be hosting a webinar on Tuesday 4 June, 10am AEST. This will cover a half hour presentation about the scope of 1 July, updates on bulk conversion of paper titles to  eCT  and documents yet to transition to digital. Revenue NSW will update us on land tax & complex stamping arrangements.       We’ll then open the floor to you for a 30-minute Q&A with our industry experts.     Register here to attend.     See you there!      Belinda     P.S. A recording will be made available on the  NSW Community page  for you to view and ask questions if you’re unable to make it.   ... View more

The next NSW e-conveyancing mandate is due to land on the 1st of July, 2019.   Are you ready?     The Registrar General has released a circular and draft conveyancing rules version 5 for review and comment by 5pm Friday 3 May.  The new rules propose the mandatory e-lodgement of the following instruments in NSW: Mortgage Discharge of Mortgage Transfer Caveat Withdrawal of Caveat Transmission Application Please join a webinar, contact your PEXA Direct Specialist or get in touch with Team NSW to prepare.   All the best Belinda ... View more