tech/a
No Ordinary Duck
- Joined
- 14 October 2004
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I got all the mortgage discharge papers and went down to the Land and Titles office in downtown Sydney and got a print out of my title showing mine and my wifes name on it. It was a very good feeling.
Is that all a solicitor would do (get a print out)? Is there really any need for one to discharge a mortgage?
At the time I just wanted to make sure no bank had their name on my title so that's why I made the effort to get it. Just wanted the title in my hands with our names on it.
The title for the property I live in now is held in safe storage at my Solicitors. Is there any disadvantage of them looking after it for me, anyone?
Thinking out of the swuare
Why couldn't you place a caveat On your property once freeholded ( in fact you could do it to any value up to the mortgaged amount)
Caveats have to be discharged upon sale.
Scammers would leave these alone.
Your then supplying your own protection mechanism.
I'm pretty sure that caveats only last for 90 days or so per application, so perhaps not practical as a protection measure.
however keeping it open at the minimum balance, means that not only do I have free secure document storage, (saves me losing it like I did with another one) but also some protection against fraudulent sale.
I am very happy that the titles are out of the hands of the banks, as I have reservations about the integrity of the financial industry, particularly with regard to the custody and management of assets and personal information.
...got a solicitor to do it
Not sure
But I know I was snaffled when bankrupting a debtor.
I won the bankruptcy and wound her up only to have mother with a caveat reviewers on the mortgage to the value of the difference of mortgage to sale price.
Effectively blocking funds.
Any solicitors out there.?
Thinking out of the swuare
Why couldn't you place a caveat On your property once freeholded ( in fact you could do it to any value up to the mortgaged amount)
Caveats have to be discharged upon sale.
Scammers would leave these alone.
Your then supplying your own protection mechanism.
It depends on which State you are in as to the validity of the caveat. In Western Australia it is allowable.
The Registered Proprietor of land may lodge a Caveat against land registered in his or her own name. Such Caveats are usually lodged in the following circumstances:
• the Caveator/Registered Proprietor has lost possession of the duplicate Certificate of Title either by fraud, theft or misplacement;
• the Caveator/Registered Proprietor has revoked a Power of Attorney but has been unable to contact the attorney to give advice of the revocation;
• the Caveator has lost possession of a signed instrument (eg Transfer of Land) and has not been paid.
The evidence to support such a Caveat would be a Statutory Declaration by the Caveator setting out the facts and repeating the claim of the Caveator. A Caveat lodged by a Registered Proprietor against his or her land would be accepted by the Registrar.
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