QLD Mortgage documents - who can witness

Discussion in 'Property Finance' started by Nem, 24th Nov, 2018.

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  1. Nem

    Nem Well-Known Member

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    Need to sign QLD mortgage documents and its always been done by JP. This morning have been told JP in NSW cannot sign QLD documents any more.... Called solicitor and he quoted me $275 to witness 1 signature?! Is that correct?? Any recommendations?
     
  2. Noobieboy

    Noobieboy Well-Known Member

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    Yep. Non QLD JPs cannot witness these documents anymore. You can ring a couple of solicitors in your area. Eventually you might be lucky and come across someone who would witness a signature for free.
     
  3. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    solicitors are unlikely to do it for free because there was a case a few years ago against a solicitor because he didn't explain to the client what he was signing and the risks involved.
     
  4. Toby

    Toby Well-Known Member

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    When I had mine I just had the volunteer JP at a court house in Melbourne and there was no issues.

    You should clarify directly with your bank as they are the ones who are accepting or rejecting.
     
  5. George Poullos

    George Poullos Finance Strategist Business Member

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    Correct. NSW JPs cannot witness QLD mortgage documents for the current moment. If you had it done it the past, the JP did not have the authority of the NSW Department of Justice to do so.

    Although the functions of JPs are currently being reviewed by the Department of Justice to include witnessing of interstate and overseas documents.
     
    Last edited: 24th Nov, 2018
  6. allegria

    allegria Member

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    Land Title Act 1994 Schedule 1 (Qld)
    Persons who can witness execution at any place in Australia or outside Australia
    • a notary public
    • a justice of the peace
    • a commissioner for declarations
    • a lawyer
    • a licensed conveyancer from another State
    • another person approved by the registrar
     
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  7. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    LAND TITLE ACT 1994 - SCHEDULE 1

    This would seem to allow NSW JPs to witness QLD mortgage doc execution.s
     
  8. Noobieboy

    Noobieboy Well-Known Member

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    Has nothing todo with the Qld act. It has everything to do with the powers of NSW JPs being vested by NSW law which means they are not classified as JP for purpose of QLD law. Simples.
     
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  9. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    Can you cite the legislation you are referring to?
     
  10. Noobieboy

    Noobieboy Well-Known Member

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    See a lawyer. Not advice. Do your research. See a professional.


    The Department of Justice has been asked to clarify whether NSW JPs can witness the execution of Queensland land titles documents, including mortgages.
    JPs appointed in NSW are not authorised to witness the execution of Queensland land titles documents.
    JPs in NSW obtain their authority to witness documents from NSW legislation, and there is no NSW legislation which authorises the witnessing of Queensland Land Titles documents.
    JPs appointed in NSW can witness the execution of Queensland statutory declarations and also certify copies of original documents for use in Queensland.
    If you are asked to witness a Queensland land titles document, you should decline to do so. If you are asked about who can witness Queensland land titles documents or the status of such documents which have already been executed, you should advise members of the public to seek independent legal advice on these issues.
     
  11. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    That is just a copy and paste from the JP newsletter and doesn't answer my question. I wonder why it is just QLD documents that cannot be witnessed and not other states.
     
  12. Noobieboy

    Noobieboy Well-Known Member

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    Something to do with QLD documents referring to QLD land title act. Or something along these lines. Or not.
     
  13. Noobieboy

    Noobieboy Well-Known Member

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    At the end of the day, don’t think anyone knows. :D:D Problem that I don’t belive anyone can force them to sign a document they are told not to sign.
     
  14. George Poullos

    George Poullos Finance Strategist Business Member

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    Which Justice of the Peace does it refer to? Being QLD legislation, it is assumed that it refers to QLD Justices of the Peace. Or at most, any other state JP whom are allowed to by their state justice department that gives them the authority.
    Seeing as the OP is asking about NSW then the answer is no, they cannot. They have specific instructions from the NSW Department of Justice to NOT witness QLD mortgage documents.
     
  15. George Poullos

    George Poullos Finance Strategist Business Member

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    Yes, A JP should know what authority they have. See my comments above.
     
  16. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    Curious, i checked the nsw act.
    s 8 says a JP "may exercise any function conferred or imposed on a justice of the peace by or under this Act, the Oaths Act 1900 or any other Act."

    The QLD Land Titles Act just says a JP can witness. Nothing in the act specifying the JP must be appointed under QLD Law.

    But ss 2 of s8 of the NSW Act says:
    "(2) The Minister may issue guidelines with respect to the exercise of specified functions by justices of the peace under this or any other Act."

    So perhaps the NSW Minister has issued guidelines covering this.

    JUSTICES OF THE PEACE ACT 2002 - SECT 8 Functions of justices of the peace
     
  17. Noobieboy

    Noobieboy Well-Known Member

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    I think their issue was with the documents saying “In signing these documents I’m aware of my responsibility under QLD Land titles blah blah”

    Might be that a lot of them were not aware of their responsibility under that particular legislation?
     
  18. Terry_w

    Terry_w Mortgage broker licenced 4 tax/legal advice Business Member

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    its a great mystery to me!

    Not that it matters
     
  19. Jamesaurus

    Jamesaurus Well-Known Member

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    I got a JP at ACT police to sign for me, no problems thus far- keep u updated