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Hi Nicola, Apologies - may I please confirm the issue at hand.  Here is what I understand you are asking.    Your organisation is first mortgagee and holds CT Control.   There are multiple mortgages on title, which rank 2nd, 3rd and perhaps 4th.   One of the lower ranking mortgagees is seeking to Discharge.   In this case, I would expect that the lower ranking mortgagee would invite your organisation into the workspace to Nominate the title to the Discharge of Mortgage.   I would also expect that your organisation would specify to retain CT Control following lodgement of the Discharge dealing.    While you could Transfer CT Control to lower ranking Mortgagee, I don't see why you would do so.  Your organisation will remain as first mortgagee and so ought retain CT Control.   Alternatively, the above is not the scenario.     Perhaps your question is related to your organisation as Discharging Mortgagee wishes not to receive the pCT following Discharge and wants to pass CT Control to the (previously second) now first Mortgagee via Discharge of the Mortgage by your organisation.   LUV rules do not allow this.  The VIC Registrar (rightly) requires that both the CT Controller and CT Control recipient actively agree to send and receive CT Control.   So, what can you do?   Upon Discharge, select to retain eCT Control.   Post registration of the Discharge, then, in a second wspace, Transfer CT Control to the (previously second) now first, mortgagee.   The only other alternative is to receive the pCT and physically pass it to the now first mortgagee.   Please let me @GeorgePolus know if I have not understood your question.    Regards, George   ... View more

Hi Rebecca You may need to go to paper, this time.  Right now, PEXA has an issue in NSW when transferring fractional interests where a Party relinquishing is the same Party as the Party receiving.   The reason is that in NSW, OSR expect that PEXA completes the arithmetic difference between Party Receiving and Party relinquishing, but in other jurisdictions OSR prefer to complete this arithmetic calculation.    PEXA will rectify the issue in NSW in R9.1 Feb, 2019.   Provided the Party receiving is different to the party relinquishing, PEXA can handle fractional interest transfers in NSW today.   Please let me @GeorgePolus know if you have more questions.    Regards, George  ... View more

Hi Angela   Please bear with me as I work to respond to each question separately.   Single workspace or multiple? Firstly, please note that, in NSW, if the tenancy of proprietors and the deceased is the same across multiple titles, then all titles may be dealt with in the same TA.    So you may be able to use a single TA which references multiple titles. Also, you can perform a single TA, direct to beneficiary via PEXA.  The Executor is a Grantee party in this dealing. One constraint is that today in PEXA in NSW, a TA cannot be processed in combination with a trailing Transfer.   This capability will be released in NSW in Feb 2019.   Today we rely upon the TA Direct to beneficiary in NSW or a TA in one workspace, and following registration of the TA, a transfer to the beneficiary in another workspace. Assuming none of the above reflect your case, from the information provided, I can see nothing which prevents two TA's being dealt with in a single workspace.   It is really up to you.  Whether you elect to proceed in one workspace or two will make no difference to the PEXA Fees applied.   I suspect, but am not entirely sure that the same will apply to lodgement fees - that is a NSW LRS question.   Let me know if you wish that I follow up on this point.  If it were me, I would probably deal in two separate workspaces, just to keep things simple.  Today, there is no capability via PEXA to lodge a Caveators Consent with a Land Registry dealing.   This capability will be made available in NSW in 2019. A TA to the Executor, does not require Caveators Consent.   A transfer to the beneficiary, or TA Direct to Beneficiary will require a Caveators Consent.  It follows, that you may complete the TA to Executor via PEXA, but if you then Transfer or complete a TA Direct to Beneficiary you will need a Caveators Consent.   Please note that if you lodge a dealing with NSW LRS which requires Caveators Consent and none is provided, the dealing will be requisitioned and fees will apply.    Please let me @GeorgePolus know if you have more questions.   Please do let me know how you get on.   Regards George ... View more