Recommend a JP in Sydney CBD who can sign QLD mortgage docs

I don't think this is the case. Insurance covers legal work without restriction. It is more of a knowledge thing.

 

Thanks RetireRich101.
Supreme Court in Sydney would not do it now. Something must have changed.
Jen

 

Sorry to revive an old thread.

I'm a broker and have just hit the same road block. In the April 2018 edition of 'JP News' (http://www.jp.nsw.gov.au/Documents/jp-newsletter-april-2018.pdf), the NSW Department of Justice has clarified that NSW JPs cannot witness QLD Land Title documents incl. mortgages.

Absolute bummer.

 

I have had clients use video facilities to have documents witnessed and executed. London for a enduring power of attorney (NSW) for example.

Another used iPad and imessage to do a doc in the Atlantic Ocean on a cruise ship for a land transfer with her solicitor.

That said JPs may be free but solicitors are not. And some docs require more than a mere witness. eg JP, certified etc

 

You could try hunt down a Notary Public - they draw their authority from state law, but are recognised by every other jurisdiction on the planet. Get one of them to witness your execution and even foreign governments will accept it.

Not usually free - I had one done for about $60 once.

 

That seems unusual - isn't the requirement that you be 'in the presence of' the person signing? How does the witness then apply their signature?

The JP Handbook says stat decs have to be signed when "physically present together in NSW", I
can't see that an EPOA or land transfer would have lesser requirements?

https://lplc.com.au/wp-content/uploads/2017/09/LPLC_LIJ_Sept2017.pdf

 

I personally wouldn't do it. But the legislation only says 'witness' - not 'in the presence of'. JP handbook is irrelevant for lawyers.

 

Hi mate,, I had bought a property in Brisbane last year and I live in Sydney. the broker who was getting my loan done had a office in Sydney did the JP work for me. May be ask your broker so that they should have a connection in Sydney who can do it for you.

 

As a broker, I've not had any issues with getting QLD mortgages witnessed by NSW JPs up until this one file I ran into recently. Its with a smaller lender who outsource their contract/doc creation and verification to a third party law firm. The law firm is the party which rejected our NSW JP witnessed QLD mortgages and that's what drove me to finding this thread.

Hard to say whether this will be an issue moving forward. The April 2018 issue of the JP News magazine is what brought this issue to light, however it was a 'clarification' on existing rules/policies rather than a 'change'. Hopefully it's only confined to these smaller law firms who are sticklers for this sort of thing...

 

@sc1on Good to know. I had an experience from April 2017 which I shared. Thanks

 

*UPDATE*

NAB has now started rejecting QLD Mortgages witnessed by a NSW JP.

Probably not long now til the other banks start enforcing this.

Inconvenient!