Wrong title handed over

Discussion in 'Legal Issues' started by Perp, 5th Nov, 2020.

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  1. Perp

    Perp Well-Known Member

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    My parents recently sold their house. He went to his solicitor's office to collect the title. They made him sign for it, etc, but when he took it to the purchaser's solicitor and they opened it, they discovered he'd been given the title to an entirely different property, owned by somebody else with a similar surname.

    He immediately returned it, of course, but... wow, that's extremely poor form.
     
  2. Paul@PAS

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

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  3. Propin

    Propin Well-Known Member

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    The last property I purchased in WA 7yrs ago I got given my title plus someone else’s.
     
  4. Aspirant

    Aspirant Member

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    Can properties be stolen? I saw A Current Affair story tonight in which someone rents a car, then the car was sold a few times in a few days. Has anyone got any story of property (real estate) theft?
     
  5. Terry_w

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

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    yes its happened many times.
     
  6. Aspirant

    Aspirant Member

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    What was the usual method of stealing and how can we prevent that?
     
  7. Terry_w

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

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    have a google and read about some of the cases. People find vacant houses where the owner might be overseas, they pretend to be the owner and then mortgage the house or sell it and run away with the cash.
    Having an existing mortgage on the property can add another hoop for them to go through, but also it is getting harder for them as compulsory ID checks are introduced for mortgaging and transferring property.
     
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  8. wylie

    wylie Moderator Staff Member

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    For the first time in a long time we have a couple of properties that are not held as security. How do we best protect ourselves from someone deciding to "have a crack" and nefariously use our title? Is this where "title insurance" is worth looking into?
     
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  9. Propin

    Propin Well-Known Member

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    Your best security is keeping it with the bank with $5 owing.
     
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  10. wylie

    wylie Moderator Staff Member

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    But for those of us who cannot borrow further, that isn't an option. I'm thinking title insurance has been mentioned on the forum before, and perhaps this is worth looking at?
     
  11. skater

    skater Well-Known Member

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    I feel your pain.
     
  12. MTR

    MTR Well-Known Member

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    I ended up owning a property and never knew it, till the owner went to sell. I know crazy.
    Error made by settlement lawyer, we had very similar business names
     
  13. wylie

    wylie Moderator Staff Member

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    No pain. We don't want to borrow. We've just built four townhouses that we will be renting. Mind you, I've got the building bug now and might look at doing another small development if I can get hold of the house I want.

    We should be able to borrow once the rent starts flowing, but if not, we work within the loans we have.

    I'm more concerned that we have free and clear titles sitting there for a dodgy person to try to get hold of.
     
  14. Propin

    Propin Well-Known Member

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    That was advice given to me by someone who was investigating previous fraud cases.
     
    Last edited: 14th Nov, 2020
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  15. Propin

    Propin Well-Known Member

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    Oh, there you go! Advice was to place a caveat on property.
    Protection against title fraud?
     
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  16. skater

    skater Well-Known Member

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    That's what we've been doing.
     
  17. wylie

    wylie Moderator Staff Member

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    Yes... it makes one think more creatively, doesn't it?
     
  18. skater

    skater Well-Known Member

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    It's a bit of a pain, to be honest.
     
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  19. Never giveup

    Never giveup Well-Known Member

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    Hi all, I k ow its an old thread and I tried reading somersoft debate as well, may I ask whats the final verdict for someone if the prop is kind of a cadh purchase and no loan/caveat....what will happen at settlement- Conveyancer will send us the Title deed via email or registered post?

    And we keep it home, how do one add caveat if do not want loan and what it could be any examplea ?
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

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    A D11 & a fleet of low loaders.
     
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