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NSW is taking the final steps towards 100% eConveyancing!




SAVE THE DATE: 11 OCTOBER 2021

NSW is taking the final steps towards 100% eConveyancing!


The Registrar General of New South Wales has declared Monday 11 October 2021 as the “cessation date” pursuant to s33AAA of the Real Property Act 1900. From this date:

1. All paper Certificates of Title will cease to have any legal effect and no longer provide evidence of title to the land;

2. The Torrens Title Register will be the sole source of ownership of land and all interests in that land (as it has always been);

3. No further paper Certificates of Title will be issued by NSW Land Registry Services; and

4. Only electronic dealings will be accepted by NSW Land Registry Services for lodgement, paper dealings will no longer be accepted.

This is a big step in NSW’s move to 100% eConveyancing. To prepare for 11 October 2021, the following steps will be taken:

1. Updating the Conveyancing Rules expected in late July 2021;

2. Proclamation of the Real Property Amendment (Certificate of Title) Act 2021 expected in late July 2021;

3. Revocation of waivers under the Conveyancing Rules allowing lodgement of paper dealings expected in late August 2021; and

4. Updating the Lodgement Rules expected in late August 2021.

For more information, please use the following link:

www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title


How will dealings that used to require production of a Certificate of Title now be registered?

Any dealing which formerly required production of the Certificate of Title will be lodged electronically through an Electronic Lodgement Network Operator (ELNO), such as PEXA or Simpli, with a CoRD (Control of the Right to Deal) Holder Consent. The CoRD may also be referred to as an electronic Certificate of Title (eCT)

The holder of the CoRD will be the party authorised to consent to further dealings with the title. For example, the first registered mortgagee or for unencumbered property, the registered proprietor (owner). Digitally signing a CoRD Holder Consent is the electronic equivalent to producing a paper Certificate of Title.

CoRDs or eCTs have been progressively rolled out since 2017, commencing with titles that have a registered mortgage by an Authorised Deposit Taking Institution (or ADI) and are now being expanded to all titles in NSW.


What will Gartree Thomson Lawyers do with paper Certificates of Title held in its Controlled Documents Register?

We will continue to hold any paper Certificates of Title in our Controlled Documents Register. These will not be removed or destroyed. If you would like to arrange collection of your paper Certificate of Title at any time, please contact us to discuss.


Should I throw out my paper Certificate of Title now?

No.

Paper Certificates of Title will continue to have legal effect up to and including Sunday 10 October 2021. They should be securely held up until the cessation date. If you notice you have lost your paper Certificate of Title prior to 11 October 2021, you should take steps to protect your title.

After 11 October 2021, you may dispose of your paper Certificate of Title but contact our office to confirm. Whilst paper Certificates of Title have no legal effect following the cessation date, it may still contain some sensitive information, so we recommend they be destroyed (e.g. shredded) rather than simply thrown into the recycling bin.


What should I do if I am a Lender who takes possession of a paper Certificate of Title as security?

Prepare now!

From 11 October 2021 paper Certificates of Title will cease to have any legal effect. Possession of a Certificate of Title on its own, will not provide any security for a loan or obligation – you will have an unsecured loan. You should discuss alternative security with your debtor, for example:

1. Registration of a mortgage on title;

2. Lodgement of a caveat over the title; or

3. Registration of a security interest over personal property on the Personal Property Securities Register (PPSR).

Lenders should regularly review the clauses of any standard loan or credit agreements and update them as necessary to ensure that they remain able to enforce any security.

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