Title Requisition

Discussion in 'The Buying & Selling Process' started by HHolzy, 27th Oct, 2020.

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  1. HHolzy

    HHolzy Member

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    We settled on land in early September.

    The Titles Registry has requisitioned the transfer documentation our Financier lodged, with the issue relating to the Power of Attorney the transfer documents were signed under by the Seller.

    Early this month, the Titles Registry sent a request to the Seller, advising them of the issue and what needed to be done to satisfy the requirements of the requisition. The Seller finally responded via email (2 weeks after initial contact), advising the Registry they will not be amending the paperwork as they dispute the requisition.

    We are currently payment mortgage, and building a home (which is now past lock up stage), on land that is not in our name.

    Has anybody experienced anything like this before? What is the appropriate length of time to allow this to go on? What is the next step if they continue to refuse to satisfy the Title Registry's requirements for the requisition?

    Our Solicitor has already sent a letter requesting the Seller attends to the matter asap, that was a week ago and still nothing...

    This is my first home and I'm slowly moving into panic mode....
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Has the vendor lodged their POA with the LTO? Unless that has been registered the LTO is unable to further the transfer of title.
     
  3. HHolzy

    HHolzy Member

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    Thanks Scott. This could very well be the hold up... I was planning on phoning the Title Registry again - i'll be sure to ask them if this is what they are waiting on.

    Cheers.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Nothing you can do on your side unfortunately - the vendor needs to comply with the LTO requirements and your solicitor & bank may have to take appropriate action to ensure that the transfer gets completed.
     
  5. Terry_w

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

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    This happened to the parents of one of my clients - the sellers went overseas and refused to cooperate. I couldn't help them, but suggested they seek out a property lawyer.
     
  6. HHolzy

    HHolzy Member

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    Do you know what the outcome was in the end?
     
  7. Terry_w

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

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    No
     

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