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since ‎17-06-2016
‎05-11-2020
GeorgePolus
GeorgePolus Star Employee
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Re: Transfer or Nomination of ECT Control by Finan...

by GeorgePolus Star Employee in Ask the PEXA Community
‎05-11-2020 09:36 AM
‎05-11-2020 09:36 AM
Hi Laura   LUV responded and advised there has been no change to the procedure.   Below is the response from LUV.   'No change in procedure, eCT control is still our base position for all titles back to a subscriber who lodged the transaction. The change of control request is moreover about the custodian then having reasonable certainty that they are handing to a party who should have control. This is a decision they would want to make based on some form of clarity.   The Registrar does not define what or how that looks.'   ... View more

Re: Transfer or Nomination of ECT Control by Finan...

by GeorgePolus Star Employee in Ask the PEXA Community
‎05-11-2020 09:00 AM
‎05-11-2020 09:00 AM
Hi Laura   I have written to LUV to check if the procedure has been updated given Covid restrictions.   I will come back to you as soon as I hear back.    Rgds George ... View more

Re: Lease (NSW)

by GeorgePolus Star Employee in Ask the PEXA Community
‎29-10-2020 03:52 PM
‎29-10-2020 03:52 PM
Hi Lisa   It is difficult for me to understand from your note what you are referring to.   I will be pleased to assist, but I need some detail please.  You can contact me directly using @GeorgePolus .   Please note however that I will be away returning Nov 9.  If you require assistance more urgently,  it may be of greater benefit for you to call the PEXA support team.    Regards George ... View more

Re: Acting for Both Parties - Why Worspaces charge...

by GeorgePolus Star Employee in Ask the PEXA Community
‎13-10-2020 02:06 PM
‎13-10-2020 02:06 PM
Hi Christa,   Lets assume the transaction is A -->  A+B.   You will have created and established representation of Party B as the IP Party.    Party A will have been created by PEXA from land title data and you will have established representation of Party A .   The Transfer Doc will ask:   'Is a PoT Party remaining on title?'   Respond:  Yes   Next:  Select Party A as Transferor   Next:  In the Transferee section select the tenancy required - e.g JT   Then select Party A (Proprietor on Title) as one of the tenants receiving and select Party B as the other tenant receiving.    Rgds George ... View more

Re: Acting for Both Parties - Why Worspaces charge...

by GeorgePolus Star Employee in Ask the PEXA Community
‎13-10-2020 12:48 PM
1 like
‎13-10-2020 12:48 PM
1 like
Hi Christa   When dealing with any Party who is represented as both a relinquishing AND a receiving Party, it is important that you use the feature in PEXA where a PoT Party may be 'brought forward' in the Transfer as the Party receiving.    This is important for two reasons.   1.  Duty.   PEXA is required to send transfer related data to Revenue NSW.  Unlike NSW LRS, which as a Land Registry is interested only in the tenancy of the receiving parties for registration on title, Revenue NSW is interested in the share fraction received.   For example, in the transaction you have mentioned A+B --> B  (where A and B are represented by different firms). If you create B as an IP Party, Revenue NSW cannot assume Party B receiving is the same party a B relinquishing.  Revenue NSW must assume it is a different Party an the share fraction received by B is 1. If, on the other hand, you 'bring forward' Party B relinquishing as also Party B receiving (and assuming B holds 1/2) then Revenue NSW are able to conclude that B received 1/2 BECAUSE the same Party record was referenced for B relinquishing as B receiving and 1 - 1/2 = 1/2. 2.  The same logic applies to PEXA billing.   If the same Party is used as both Party relinquishing and Party receiving then PEXA 'knows' to bill only once.  Please contact me @GeorgePolus  if you need more info    Rgds Geroge   ... View more

Re: Transfer between spouses

by GeorgePolus Star Employee in Ask the PEXA Community
‎13-10-2020 10:27 AM
‎13-10-2020 10:27 AM
Hi Lorraine   Yes it is possible to compete a spousal transfer in NSW  A --> (A+B) To do so, Party A need only be represented as PoT and Party B as IP.  Party A is 'carried forward' in the TFR as a receiving party.   In this way, Revenue NSW can 'see' that Party A relinquishing and Party A receiving are the 'same' Party.     In NSW, the Land Registry allows only the following entries in Consideration Type:   With Monetary Consideration   Without Monetary Consideration And As Regards A Deed Of Partition   Without Monetary Consideration And As Regards A Deed Of Assignment   Without Monetary Consideration And As Regards A Court Order   Without Monetary Consideration And As Regards An Intergenerational Assignment   Without Monetary Consideration And A Change In Manner Of Holding   You will need to select the Consideration Type that best suits the circumstances of your clients transaction.    Regards, George   ... View more

Re: Can a Variation of lease be registered in PEXA...

by GeorgePolus Star Employee in Ask the PEXA Community
‎31-08-2020 09:21 AM
‎31-08-2020 09:21 AM
Hi Prue,   Today, Aug 31, a NSW Variation of lease may only be delivered electronically via PEXA using the COVID-19 BCP dealing type, meaning that a scanned image of the Variation of Lease dealing must be attached and submitted to NSW LRS.   To find this dealing, ensure you are acting in the role, 'To deal with an Interest' then on the Doc Creation screen select 'Other'.  On the Document Type selection drop down enter at least three characters, 'Var' for example.  All the Doc Types matching this criterion will list.  Then select the doc type you need to create.    This coming weekend, PEXA and NSW LRS will enable a fully electronic Variation of Lease.   This will be live on Monday Sept 7.   The process will be the same, however you will no longer need to scan and upload an imaged document.    Please let me @George know if you have more questions.   Regards, George ... View more

Re: Transfer of Part Title

by GeorgePolus Star Employee in Ask the PEXA Community
‎03-07-2020 03:35 PM
2 Likes
‎03-07-2020 03:35 PM
2 Likes
Hi Jayd,   I am guessing when you say CA's you are referring to Crown Allotments.   LUV have only enabled one dealing type for Part of Land at present and that is Mortgage of part of land - either by specified Lot Number on a given plan or by description.   This capability is yet to be enabled by LUV for other electronic dealings, such as Transfer.   Consequently, if you are transferring only 3 of the four lots on given Crown Allotment, then you will be required to lodge an imaged paper dealing.   LUV do plan to enable part of land for all dealing types and are targeting this capability for 2021.    Rgds George ... View more

Re: NSW WATER Access Licence

by GeorgePolus Star Employee in Ask the PEXA Community
‎10-06-2020 12:55 PM
‎10-06-2020 12:55 PM
Hi Pauline,   This is a question for NSW LRS.  I am sorry, I cannot speak for NSW LRS.    You can reach them at  eConveyancingNSW@nswlrs.com.au    Rgds George ... View more

Re: NSW WATER Access Licence

by GeorgePolus Star Employee in Ask the PEXA Community
‎10-06-2020 12:19 PM
‎10-06-2020 12:19 PM
Hi Paula,   Regulatory / Legal constraints currently preclude electronic lodgement of WAL's.      For all electronic lodgements, lodgement fees are calculated by the jurisdictional land registry and returned to PEXA in the Lodgement Verification status advice.  (In PEXA you will see the results of Lodgement Verification on the Document List screen and Fees in the Fee Schedule screen)   The same will apply to WAL's when electronic lodgement of WAL's is permitted.    Rgds George       ... View more

Re: Successful lodgement but Settlement Failure

by GeorgePolus Star Employee in Ask the PEXA Community
‎04-05-2020 10:30 AM
‎04-05-2020 10:30 AM
Hi Jacinta,   Your post from February 2020 came across my desk today.    The PEXA settlement engine is designed to orchestrate settlement and lodgement in such a manner that no party to a transaction is in possession of title and funds at the same time.    In this case, a Discharge of Mortgage with settlement,  the Mortgagee would not be removed from title until the funds for settlement had been reserved at the Reserve Bank of Australia.  The reservation is irrevocable.  The reserved funds are not exchanged until the Discharge of Mortgage has been received and Accepted by the Land Registry for lodgement.    This process is called Delivery vs Payment and is described in the PEXA Service Charter, specifically at 2.14.2 - 2.14.4      Please let me @GeorgePolus know if you have more questions.    Regards George  ... View more

Re: Western Lands Transfers

by GeorgePolus Star Employee in Ask the PEXA Community
‎30-04-2020 02:18 PM
1 like
‎30-04-2020 02:18 PM
1 like
Hi Alison,   The transfer can be lodged through PEXA where title for Western Land is issued as a Perpetual Lease Title.  Ministers Consent where required can also be uploaded.   Where the Western Lease is a term lease a transfer of interest (Transfer of Lease) may be lodged when the Duty Assessment issue is resolved with Revenue NSW).   Please let me @GeorgePolus  know if you have more questions.    Rgds George    ... View more

Re: Transfer between spouses

by GeorgePolus Star Employee in Ask the PEXA Community
‎04-02-2020 09:00 AM
‎04-02-2020 09:00 AM
Hi Nicole   Apologies for the late response.   I returned to work only yesterday and am catching up on messages.   You are not alone in your confusion on this topic.  The confusion has resulted from evolving rules and the need, in the digital world, to bring the Land Registry and OSR into alignment.   In the digital world, these two entities must work from the same (PEXA) data.  I know it sounds odd, and NSW is not alone in this regard, but Land Registries and Revenue offices look at the same data in different ways.    The Land Registry is concerned only with the resultant proprietorship on title, while the OSR is concerned only with any incremental (dutialble) share that a Party is receiving.  It has taken some time to work through how the same data captured via electronic conveyancing may be consumed and used by these two disparate organisations each with differing requirements.    I will seek to explain below.   Please come back to me if you have more questions.     From Monday Feb 8, it will be allowable in NSW to sever a Joint tenancy, provided all parties in the Joint tenancy group are represented.   Up until Feb 8, severance of Joint tenancy groups in NSW is not permitted,   Hence from Feb 8, if  you have, for example, A and B as Joint Tenants transferring to A,    (A+B) --> A     then, this will be permitted in PEXA provided both A and B are represented. (A and B may be represented by the same or different transaction Participants (subscribers)).   From Feb 8, PEXA will allow, in the example above, Party A, as PoT, to be carried forward as IP.   Doing so will enable NSW OSR will recognise that because Party A relinquishing is the same Party as A receiving, that the dutiable portion for Party A will be 1/2 and not 1.  Further, the representative of Party A will be billed only once for Party A as PoT and not once for Party A as PoT and again for Party A as IP.      Please do let me know if you have more questions.    Rgds George     ... View more

Re: Certificate of Title for a cash vendor

by GeorgePolus Star Employee in Ask the PEXA Community
‎21-11-2019 08:26 AM
‎21-11-2019 08:26 AM
Hi Sonia   I am afraid the question you ask is of a legal nature.  I am unable to off a response.     I recommend you contact the NSW Office of the Registrar General who will be best positioned to respond.      Regards George ... View more

Re: Vic Caveator's Consent

by GeorgePolus Star Employee in Ask the PEXA Community
‎19-11-2019 09:21 AM
2 Likes
‎19-11-2019 09:21 AM
2 Likes
Hi Aaron   LUV revised the requirement for Supporting Evidence for a Dealing requirement for Caveators Consent from YES to NO in June 2019.    This means, per your description above, from June 2019, a Party Lodging over a Caveat may select Dealing Requirements of Caveators Consent in the Lodgement Instructions, if they have such Consent.    PLEASE NOTE:  Auto Registration does not apply to all dealings.  This is why some dealings will remain in a state of Lodged for a number of days.  During this period the Registrar is completing manual examination.   It does not mean that something has 'gone wrong'.  Once manual examination has completed, LUV will return to PEXA the Lodgement Status Advice.   The Lodgement Case will advance from Lodged to Completed.  The Document Status of each Document in the Ldogement Case will advance from Lodged to one of the following: Abandoned Approved Completed Deposited Examination Finished Follower Notice Received Registered Rejected Requisition Unregistered Withdrawn       ... View more

Re: TRANSFER OF MORTGAGE (Transfer of interest) NS...

by GeorgePolus Star Employee in Ask the PEXA Community
‎15-11-2019 04:20 PM
‎15-11-2019 04:20 PM
Hi Monica,   Transfer of Interest (non dutiable) will be enabled in NSW in Feb 2020 as part of PEXA Release 11.1.   Transfer of interest (non dutiable) is already enabled in VIC and SA.    Please let me @GeorgePolus know if you have more questions.   Regards, George ... View more

Re: Transfer including Covenant

by GeorgePolus Star Employee in Ask the PEXA Community
‎21-10-2019 04:13 PM
‎21-10-2019 04:13 PM
Hi Brett,    NSW LRS have been working on re-platform of their application.  Consequently, some enhancement works have taken a back seat while this essential work is completed.   That said, in NSW the ability to add a Ministers or Caveators Consent to any dealing will be enabled in Feb 2011 as part of PEXA Rls 11.1   Rgds George ... View more

Re: Paper Discharge

by GeorgePolus Star Employee in Ask the PEXA Community
‎16-10-2019 09:28 AM
‎16-10-2019 09:28 AM
Toni-Maree   I cannot speak for NSW LRS, but I expect they will do one of two things. 1.   Allow the Proprietor (or their representative) to lodge the Paper Title and Discharge over the counter in paper.  or; 2.  Require that the Mortgagee (who is still on title from the Registrar's perspective) to lodge an electronic Discharge of Mortgage.    If LRS require Option 2 above, then your client will need to contact the original Mortgagee to initiate the Discharge process.   Given the Mortgagee is a private Mortgagee, they will need to be represented under a CAF.    The Discharge may be lodged separately, or in combination with (in the same lodgement case) the Transfer that your client is seeking to effect.    Please let me @GeorgePolus know if you have more questions.    Rgds George      ... View more

Re: dual entitlement transaction on pexa

by GeorgePolus Star Employee in Ask the PEXA Community
‎04-10-2019 09:28 AM
1 like
‎04-10-2019 09:28 AM
1 like
Hi Susan NSW LRS and PEXA completed development works in early 2018 to enable ‘Multi’ titles for electronic lodgement.   In short, all proprietors on the multi entitlement lot are received into PEXA and shown on the Land Title Screen.   A business rule (implemented both within PEXA and at NSW LRS specifically for Multi Entitlement folios) requires that ALL proprietor parties must relinquish their holding in full in order for transfer of land to be effected.     In the scenario you describe, I anticipate that there may be a complication with NSW OSR.  Because the rule from NSW LRS will require that all PoT PArties relinquish their holding, Party C may only be shown as receiving 1/1 when in fact this is not the case; Party C is receiving less then 1/1.    We continue to seek clarification from NSW OSR for handling of such matters where the business rule logic for NSW LRS conflicts with that of OSR. I have asked for one of our PEXA Direct Specialist team members to reach out to you to assist.     Please let me @GeorgePolus know how you get on.   Rgds George ... View more

Re: Producing registered Power of Attorney in a PE...

by GeorgePolus Star Employee in Ask the PEXA Community
‎26-09-2019 01:00 PM
‎26-09-2019 01:00 PM
Hi Osman,   I assume you are speaking about NSW.   It is always helpful when you ask questions to specify jurisdiction as rules differ by jurisdiction.    Assuming NSW  . . . .   Regarding client under PoA. Please refer to clause 5.6 of the MPR.  This clause provides the detail which should assist you.  Regarding your comment re; 'Standard Requisitions'.  I checked with NSW LRS.   Neither NSW LRS nor I understand what you mean by: "If the transfer or any other document to be handed over on completion is executed pursuant to a power of attorney, then at least 7 days prior to completion a copy of the registered power of attorney should be produced and found in order"   Would you please clarify.    Please contact me @GeorgePolus  if you need more info.    Rgds George ... View more

Re: Variation of mortgage Victoria

by GeorgePolus Star Employee in Ask the PEXA Community
‎12-08-2019 09:21 AM
‎12-08-2019 09:21 AM
Hi Ron   In VIC, the Document Type VARY - MORTGAGE Transfer of Land Act Section 75A is now available as part of Residual Documents.    In the Doc List screen select 'Other Documents' and in the search box type VARY - you will then see the list of available Doc Types - scroll to find the one mentioned above.    Please let me @GeorgePolus know if you have more questions.  Regards, George     ... View more

Re: Company Proprietor (on Title) - Share Certific...

by GeorgePolus Star Employee in Ask the PEXA Community
‎02-08-2019 12:25 PM
1 like
‎02-08-2019 12:25 PM
1 like
Hi Kim   Company Share titles are not eligible for electronic lodgement.  Dealings with Company Share titles must be directed to paper.   I am sure that the team at LUV will support you in this process.    Please let me @GeorgePolus know if I can be of any assistance.   Regards, George ... View more

Re: Can a Variation of lease be registered in PEXA...

by GeorgePolus Star Employee in Ask the PEXA Community
‎29-07-2019 03:29 PM
‎29-07-2019 03:29 PM
Hi Nicole,   The road map, by jurisdiction, does move around in accordance with jurisdictional priorities.   NSW LRS have moved Variation and Surrender of Lease to 2020 I am afraid.    Rgds George  ... View more

Re: SRO Statutory Charge removal on PEXA

by GeorgePolus Star Employee in Ask the PEXA Community
‎25-07-2019 08:32 AM
4 Likes
‎25-07-2019 08:32 AM
4 Likes
Hi Trevor,   SRO VIC have been enabled to lodge Stat Charges and Withdrawal of Stat Charge on PEXA since 2014.   However, understandably, SRO VIC are not resourced to be able to participate in live workspaces.   Hence, VIC SRO are not visible in PEXA to be able to invite them into a workspace.   The agreed procedure is as follows.   The vendor rep makes an undertaking to the SRO that the Charge will be paid out immediately upon receipt of proceeds of sale. Once the SRO is satisfied with the undertaking the SRO will remove the Stat Charge from title within their agreed SLA time frame (which I am sorry I do not know what it is) Provided a PRN is available to the Vendor Rep for remittance of the monies associated with the charge, the Vendor Rep may create a PEXA FSS Disbursement directly to the VIC SRO to pay the debt from the proceeds of sale.  Please let me @GeorgePolus know if the above answers your question.   Rgds George ... View more

Re: Section 57(2) TLA Withdrawal of Notification

by GeorgePolus Star Employee in Ask the PEXA Community
‎24-07-2019 01:39 PM
‎24-07-2019 01:39 PM
Hi Margaret,   I checked with Land Use VIC re: the  Section 57(2) TLA Withdrawal of Notification.   LUV responded:      'If the customer means:   REMOVE - NOTICE OF ACQUISITION Transfer of Land Act - section 57   this is a notification that the Acquiring Authority has withdrawn their notice of intention to acquire land.  This document is live in PEXA.     If this is not the item the customer is referring to – can you provide more details please.'       Please let me @GeorgePolus know if the above answers your question, or if you are looking for some other LUV Doc Type.      Regards, George ... View more

Re: Fractional Interest - Sale by Mortgagee and Pr...

by GeorgePolus Star Employee in Ask the PEXA Community
‎19-07-2019 03:33 PM
‎19-07-2019 03:33 PM
Hi @WMBCAT    Thank you for the detail - however, I am afraid this dealing must still revert to paper.    Rgds George ... View more

Re: Fractional Interest - Sale by Mortgagee and Pr...

by GeorgePolus Star Employee in Ask the PEXA Community
‎19-07-2019 12:02 PM
‎19-07-2019 12:02 PM
Hi Cathy,   This is a very strange scenario indeed.      In short this dealing must be completed in paper.    Today, neither LUV nor PEXA support scenarios where a Transfer by Mortgagee is enforced over some of the proprietors.    Regards, George ... View more

Re: NSW July 1 Mandate

by GeorgePolus Star Employee in Ask the PEXA Community
‎19-07-2019 08:13 AM
‎19-07-2019 08:13 AM
Hi Kristine,   NSW LRS have enabled Lease for electronic lodgement and the Lease dealing type is available in PEXA.    If you elect to proceed down  the electronic path, electronic lodgement of a lease will not, in an of itself, force the dealing to paper.    If you have specific questions about how to create a Lease in PEXA, please contact you local PEXA Direct Specialist or write to me @GeorgePolus at any time.    Regards, George ... View more

Re: off the plan purchases - stamping

by GeorgePolus Star Employee in Ask the PEXA Community
‎17-07-2019 08:46 AM
‎17-07-2019 08:46 AM
Hi Karen   Revenue NSW have implemented a change in their systems to enable a stamp duty verification on a child title after stamping has been completed on the parent lot.    However, this is only the case where the stamping assessment has been marked as an off the plan matter.    Other scenarios involving a parent and child will still require contact with Revenue NSW, as per the process you have described below.  For further information please contact Revenue NSW.  https://www.revenue.nsw.gov.au/contact#accordion__link-428832-1   Apologies I cannot be more specific.  The procedure is a NSW OSR procedure.   Regards George  ... View more

Re: Lost Title Application

by GeorgePolus Star Employee in Ask the PEXA Community
‎04-07-2019 04:50 PM
‎04-07-2019 04:50 PM
Hi Tania,   The Lost title Application is not yet available - but please watch this space.  It is in testing and will be released soon.      Regards George ... View more
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