Certificate of Title

Discussion in 'Legal Issues' started by balwoges, 30th Dec, 2019.

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  1. balwoges

    balwoges Well-Known Member

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    Is the statement 'Control of the right to deal is held by such & such bank' on all documents where a mortgage exists?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    no
     
  3. balwoges

    balwoges Well-Known Member

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    Terry, could you please elaborate on circumstances where this statement is added? Thanks ... :)
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I am not sure, any property lawyers out there?

    Might be for electronic titles where there is no physical possession of a deed.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    I was thinking that it was used in cases where the bank has exercised it's power as mortgagee in possession. Ownership hasn't changed but control of the asset has reverted to the financiers.
     
  6. balwoges

    balwoges Well-Known Member

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    Why? ... :)
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Why else would the bank put parties on notice that they hold the right to control any dealings with the land?

    The release of a mortgage, registration of a caveat or interest, granting an easement, registration of a lease etc only require the consent of the parties with registered interests whereas, in this instance, the bank has taken control of the property.
     
  8. Islay

    Islay Well-Known Member

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  9. balwoges

    balwoges Well-Known Member

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