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08-03-2018
09:01 AM
1 like
Hi @AngelaToler
Thanks for your question.
The current process in Victoria would be to lodge the Transfer over the Caveat and submit Consent outside of PEXA, between lodgement and registration. You would need to quote the Dealing Requirement of Caveators Consent in the Lodgement Instructions.
Hope this answers your question.
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01-03-2018
01:15 PM
2 Likes
Hi @sek
You have done nothing wrong at all.
In PEXA, each party (transferor and transferee) pays a PEXA fee of $110.55.
The PEXA fee covers the following services:
Pre-population of Land Registry data, to remove the need for re-keying.
Lodgement verification checks, to provide greater certainty that documents will be lodged successfully.
Title Activity Checks (TAC), to alert you to any recent activity on the title.
Lodgement gap cover, whereby PEXA may assume responsibility for loss incurred when an intervening dealing impacts registration of a covered dealing, subject to conditions set out in the Participation Agreements.
Electronic disbursement of cleared funds through to nominated accounts.
Electronic settlement booking.
Document creation and lodgement with the Land Registry in real-time.
Secure digital signature technology.
Stamp duty verification with the duty authority.
The PEXA fee is separate from the statutory lodgement fees, which are set by each jurisdiction’s Land Registry.
$94.60 would represent the fee payable to the Land Titles Office in paper. In an electronic lodgement that fee is reduced to $85.90.
We have attached the following links to assist you with the benefits of using PEXA:
https://community.pexa.com.au/t5/Ask-the-PEXA-Community/SELLING-PEXA-TO-YOUR-CLIENT/m-p/4936
https://community.pexa.com.au/t5/Share-your-Experiences/SELLING-PEXA-TO-YOUR-CLIENT/m-p/1208
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26-02-2018
03:42 PM
Hi @SimoneC,
Thanks for the question.
Land Victoria no longer requires a Nomination if the CT Controller is a participant dealing in any of the documents in the lodgement case.
Hopefully I have answered your question.
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26-02-2018
11:30 AM
Hi @suzannerizk,
Thanks for your question.
Unfortunately you would need to open a new Workspace. Once lodgement has taken place in a Workspace you cannot create another set of Lodgement Instructions.
Hope this has answered your question.
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31-01-2018
09:07 AM
1 like
Hi @KarenC,
Unfortunately we can not guarantee clearance times on funds. There are still normal bank processes that apply, making us unable to provide timeframes. While we have seen cases where funds are cleared the same day, and even within the hour, that is not always the case. We recommend that you tell your client’s that they will receive cleared funds without giving any expectation of timeframe.
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25-01-2018
03:38 PM
1 like
Hi @nicolalambrakis,
It’s possible to create, sign & lodge a mortgage even though there is a Caveat on title. Financial settlement and lodgement will be successful as the caveat prevents registration only, so the system has behaved as it is expected to.
It is up to the parties to the transaction to decide how to proceed in relation to the Caveat. Typically the parties will not want to settle while a Caveat remains in place, so they arrange for a withdrawal of caveat to be provided at settlement. In PEXA this is achieved either by inviting the Caveator’s representative into the Workspace where the withdrawal would be created, signed and lodged electronically or by arranging to have it withdrawn prior to settlement as it would be done in the paper world. Taking no action in relation to the Caveat will result in it remaining on title following settlement, with the lodgement case being requisitioned, as you have experienced (and would experience in the paper world).
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17-01-2018
11:51 AM
Hi @Frances,
Unfortunately the wife cannot represent herself in a PEXA transaction. She will need a representative, which could be you (if the Agreement permits you will need to ensure that you obtain a signed Client Authority Form and any other signed documentation required by Law (e.g. Consent to act for both parties)). If you are unable to represent both parties then she will need to engage her own PEXA registered representative to act on her behalf so that the transaction can be completed in PEXA.
We will also arrange to have a PEXA Direct Specialist contact you to assist you further. @SallyHamilton
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16-01-2018
03:21 PM
1 like
Hi @Clara,
Council, water, body corporate and other outgoings (third party beneficiaries) are shared line items. They can be entered by either the vendor's representative or the purchaser's representative and will be visible to both.
Both representatives must sign off on these joint line items when signing the FSS, so no matter which side enters them, both must be satisfied with the details.
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16-01-2018
02:29 PM
1 like
Hi @jgusew,
In PEXA the beneficiary field is optional and allows for up to 180 characters.
You would list the beneficiaries in the same way you would list them in the Trust Notice of Acquisition.
Hopefully this helps and answers your question.
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16-01-2018
09:58 AM
3 Likes
Hi @Clara,
This is a great question. Some rating authorities provide electronic payment details on their certificates, however, if in your case they have not then you would need to do either one of the following;
Contact the authorities and ask them for the electronic payment details (either BSB and Account, or Bpay) that relate to your matter; or
Create a destination line item to your trust account for the combined levies and draw cheques to the relevant authorities post settlement and send payment as you would in paper.
As we move forward, hopefully more and more rating authorities will provide electronic payment details on their certificates to assist practitioners with electronic payments via PEXA.
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18-12-2017
04:01 PM
1 like
Hi @AngieM,
Lodging a Survivorship Application through PEXA has the same requirements as lodging in paper.
It is a dealing requirement that you provide consent when lodging the application.
In PEXA you would need to specify the dealing requirement in the Lodgement Instructions and then provide the consent directly to the Land Titles Office.
Hope this answers your question.
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31-10-2017
04:24 PM
Hi @SimoneC,
Great question!
The only way this can be done is if it is the same caveator, same grounds of claim and same jurisdiction.
Hope this answers your question.
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23-10-2017
01:17 PM
Hi @markolson,
Thanks for your question.
As a Subscriber acting for an ADI you are required to complete certifications any time a registry instrument or document is digitally signed. This is the case whether you use the National Mortgage form or the old mortgage form. Either way, you would need to ascertain which form has been used.
Certifications for electronic transactions are set out in Schedule 3 of the Participation Rules.
For a self-represented Mortgagee the certifications required are 3, 4 and 5 (and 6 for WA) as set out in schedule 3 and for a Subscriber representing mortgagee the certifications required are 1, 2, 3, 4 and 5 (and 6 for WA). The certification is given when you act for the mortgagee and does not anticipate or require that you act for the mortgagor.
For a Mortgagee, the Certifier must be reasonably satisfied that the mortgagee it represents:
(a) has taken reasonable steps to verify the identity of the mortgagor; and
(b) holds a mortgage granted by the mortgagor on the same terms as this Registry Instrument or Document.
You can find further information here:
https://www.arnecc.gov.au/__data/assets/pdf_file/0010/698716/MPR-Guidance-Note3-Certifications.pdf
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08-09-2017
04:54 PM
Hi @Nicolejames,
Great question!
You would need to lodge the Transmission application outside of PEXA prior to settlement.
Once you have lodged the Transmission application you can proceed to settle using the PEXA platform.
Hope this has answered your question.
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26-06-2017
11:05 AM
1 like
Hi @BGoodwin & @LG, Thanks for all your feedback. From Release 6.1, PEXA will allow subscribers to transfer control of their electronic CTs to other PEXA subscribers, including their panel solicitors. Where a Financial institution uses a panel lawyer in Victoria, the panel lawyer requires CT Control to be able to lodge a Nomination prior to the transaction proceeding. The new Transfer of CT Control document enables financial institutions to give control of a title or titles to their panel lawyers in a more efficient manner. The improved efficiencies include: The number of titles in a CT Control workspace has been increased to 200 titles. This directly allows your work to be streamlined and titles to be transferred in a very efficient manner. Furthermore, the process has been streamlined, whereby multiple steps, around Saving and Signing, have been combined. The steps will be as follows: Create a workspace in the role of CT Controller Multiple titles can be added to the one workspace Navigate to the Documents screen and select Create Document > Transfer of CT Control On successful signing, an invitation will be sent to the organisation receiving the CT control. Once the subscriber receiving CT control accepts the invitation, the documents are lodged automatically with the Land Registry. Where the control of a large number of eCTs needs to be transferred, PEXA will provide a facility to load titles into a workspace using a file listing all the eCTs. This facility can be accessed through the Automation option in the toolbar. Hope this helps.
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14-06-2017
05:27 PM
1 like
Hi @JayneWilliamsAllens, Thank you for your question. Looking at all the available Claim Categories (shown below for your ease of reference) and their relating Claim Statements, it would appear that Trust/Settlement would be the most appropriate option for a Purchasers Caveat. One would assume that by paying a deposit the caveatee is contributing to the acquisition of the described land. Note that in SA you can lodge a Priority Notice, which is more common than a Caveat. A Priority Notice can be lodged through South Australian Integrated Land Information System (SAILIS). SA Claim Categories & Claim Statements: Charge: An estate or interest as chargee pursuant to an agreement in writing made between the caveator and the caveatee wherein the caveatee agreed to charge his estate and interest in favour of the caveator dated Mortgage: An equitable estate or interest as mortgagee over the whole of the land described pursuant to an agreement (or mortgage) made between the caveator and the caveatee dated Other: An estate or interest as the administrator of the protected estate of the caveatee under the provisions of Section 39(2)(v) of the Guardianship and Administration Act 1993 that the caveatee has an estate or interest as the registered proprietor in fee simple in the whole of the land described Other: An estate or interest as Manager of the caveatee in an estate in fee simple in the whole of the land described under and by virtue of Section 28(2) of the Aged and Infirm Persons’ Property Act 1940 Trust/Settlement: To be beneficially entitled to an estate or interest in fee simple (in some indefinable share or shares) in the land described having contributed to the acquisition, maintenance and improvement of the land described Lease: An equitable estate or interest as lessee over the whole of the land pursuant to a memorandum of lease made between the caveator and the caveatee with the following lease term and date Lease: An option to renew an estate or interest as lessee pursuant to a memorandum of lease made between the caveator and the caveatee with the following lease term and date
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18-05-2017
01:02 PM
3 Likes
Hi @mir, Great question! At this stage PEXA is only dealing with Land Registry dealings. Hopefully this may be a possibility in the future, however, currently we cannot accommodate registration of water entitlements. You can still settle in PEXA and just like today when you settle in paper and then lodge the land and water dealings after the fact, with a PEXA transaction, the water dealings would need to be lodged post-settlement.
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08-05-2017
01:30 PM
1 like
Hi @Brooke, Thanks for your question. All the claim categories for WA are as follows: Mortgage Certificate of title Lease Agreement/Contract Court/Tribunal order Trust or settlement Charge Statutory Charge We are in the process of preparing a new help article containing these details for all jurisdictions and we’ll post the link below when it’s been published for future reference. We’re also happy to email you the screenshots of the WA statements of claim in the meantime if you’d like them before the help article is completed. Let me know if you would like us to email you the screenshots or if i can be of any further assistance.
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08-05-2017
01:27 PM
2 Likes
Hi @serio, Thanks for your question. All the Estate or Interest claimed categories for NSW are as follows: Charge Covenant Charge Easement Estate in Fee Simple Estate in Remainder Forestry Right Lease Lien Life Estate Mortgage Positive Covenant for Maintenance and Repair Profit a Prendre Public Positive Covenant Registered Proprietor Certificate of title Restrictive Covenant Statutory Charge Practitioners wanting to Lodge a Purchaser’s Caveat usually choose Estate in Fee Simple, which then provides the following claim categories for you to choose from: Adverse Possession Agreement Appointment of Executor or Administrator Bankruptcy (Trustee) Beneficial Interest in Deceased Estate Beneficial Interest in Trust Contract for Sale of Land Court Order Determination of Title Boundary Statutory Authorisation Transfer Transmission Application Trustee of Trust We are in the process of preparing a new help article containing these details for all jurisdictions and we’ll post the link below when it’s been published for future reference. Let me know if you require any further assistance.
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13-09-2016
12:23 PM
Awesome work @RENELLEHIGGINS and well done Lake Macquarie Conveyancing! 5 settlements in one day is a great achievement!!
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13-09-2016
12:19 PM
1 like
What an amazing time saving tool for not only developer files but for everyday conveyancing file.
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25-08-2016
02:27 PM
Hi @dlmckay, Thank you your contribution and feedback in the Community. We will pass this recommendation onto our product team for consideration. We’d also love to hear if anyone else in the Community has a thought on this and could share.
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25-08-2016
02:08 PM
1 like
Congratulations Anne! Welcome to the digital community!
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25-08-2016
02:05 PM
3 Likes
This is a great Helen! These tips can really help explain the benefits of using PEXA to your client.
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22-08-2016
11:02 AM
1 like
Hey @Patrick, We also use the term “vendor finance” in Victoria. It is more common in commercial transactions, however, those are not out of scope in PEXA, (provided there is no bank and there can be an online revenue office assessment). Hope this helps.
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11-08-2016
04:07 PM
3 Likes
Hi @cstewart, What a great question. Yes, you sure can lodge the Discharge of Mortgage through PEXA and request that after lodgement a paper title be returned to your office. You will need to select this option in your Workspace. Once a paper title is printed it is no longer registered as an electronic title. Your office will have custody of the paper title and as there is no eCT, there is no eCT controller. Thank you for your participation in the Community. If you have any further questions please ask.
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