Legislative timeframes to lodge Title Transfer documentation

Discussion in 'Legal Issues' started by HHolzy, 4th Feb, 2021.

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  1. HHolzy

    HHolzy Member

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    Can anybody advise if there are legislative timeframes for Mortgagees to lodge Title Transfer Documentation?

    Thanks
     
  2. Terry_w

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

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    I don't think so. I once sold a property about 2 years after I purchased it and it hadn't been transferred into my name, it was still in the name of the person I purchased it from. ANZ said they found a pile of files hidden in the office of a staff member who never actioned them.
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Many private lenders may hold a unregistered mortgage. The avoids fees and all the signed paperwork is held in the bottom drawer until required and lodged at a later time. Care has to be taken that a second mortgage is not sought as when registered it may act as a first mortgage. More common with a related party perhaps. Possibly dangerous for defences in bankruptcy etc I saw it happen for a short term loan to avoid the mortgage registration fees to register a charge and then discharge it. Instead when it was repaid the documents were surrendured to the borrower to destroy. Also wont show as a registered borrowing for a later finance issue. ie it is private.

    I have always questioned if it fails the personal property security registry rules as nothing is registered ? Something to ask a solicitor
     
  4. Terry_w

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

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    PPS Act doesn't cover charges over real property these fall under the relevant conveyancing or real property acts
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Thanks terry.
     
    Terry_w likes this.