Sale of a house without the original title/deed

Discussion in 'The Buying & Selling Process' started by Jasmine, 1st Jan, 2019.

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  1. Jasmine

    Jasmine Well-Known Member

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    Recently a grandparent passed away. I am the executor of the Will. I am unable to locate the house title deed. Is this required to proceed with the sale of house? I have requested a title copy from landata vic. Is this enough?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    If there is a mortgage on the property the bank will hold the title. Can be easily confirmed by a title search through infotrack etc.

    Otherwise, you'll require a stat Dec to advise that the original has been misplaced and a replacement required.
     
  3. Marg4000

    Marg4000 Well-Known Member

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    As executor, you have legal obligations. Therefore it is probably best to have a solicitor handle the paperwork surrounding the sale.

    Pick one now and direct all questions to him/her. Make sure everything is in order before signing a contract.

    When we sold my mum’s house under an EPOA, we first consulted our solicitor who clearly explained the whole process to us. This meant the sale went ahead without any hitches as we knew exactly what we had to do.
    Marg
     
  4. Jasmine

    Jasmine Well-Known Member

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    No mortgage.
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    A stat Dec and requisition for a replacement copy of the title will take several weeks. Chat with your solicitor as per @Marg4000 (don't use a conveyancer).
     
    Last edited by a moderator: 1st Jan, 2019
  6. Terry_w

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

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    Most titles have been converted to electronic versions so you check with your conveyancing lawyer
     
  7. bmc

    bmc Well-Known Member

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    @Jasmine
    agreed as above

    if the loan was payed back but not discharged, then the bank may still hold the original title. the copy of the title you have requested from Landata may clarify this.

    however the advice given above is what i would be considering
     
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  8. KateAshmor

    KateAshmor Victorian Conveyancing Lawyer Business Member

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    You can apply for a new title, which will only be issued via paper if you specifically request it (titles are electronic now by default), from Land Victoria. Best to have a probate or conveyancing lawyer handle it.