On 4 April 2016 a letter was distributed to industry bodies and Customer Information Bulletin (CIB) recipients. This letter notified Landgate’s intention to introduce changes to the lodgement process for mortgages and discharges of mortgages that will affect mortgagees, their conveyancers, lawyers and lodging agents by 1 August 2016.
Industry bodies and CIB subscribers were invited to provide feedback on the changes. The timeframe for receiving feedback has now ended. This CIB is to notify that Landgate will be progressing activities to achieve the 1 August 2016 timeline.
What is changing?
New Registrar of Titles’ requirements will be published to enact the following changes from 1 August 2016:
- A discharging mortgagee, their conveyancer, lawyer or lodging agent must lodge all stand-alone discharges of mortgages with Landgate. The practice of providing discharges of mortgages to registered proprietors to lodge will no longer be acceptable.
- If the mortgagee is an authorised deposit-taking institution (ADI), all stand-alone discharges of mortgage and stand-alone residential mortgages (mortgages to which the National Credit Code applies) signed on or after 1 August 2016 must be lodged through an Electronic Lodgement Network (ELN) such as Property Exchange Australia (PEXA). This requirement would not apply if the ELN is unavailable for one business day.
Landgate definitions are as follows:
- a stand-alone discharge of mortgage is any discharge of mortgage that is not lodged with a transfer of land, mortgage or any other document for the same Certificate of Title
- a stand-alone mortgage is any mortgage that is not lodged with a transfer of land, mortgage or any other document for the same Certificate of Title.
Why are these changes being introduced?
The changes introduced will enhance efficiencies within an electronic conveyancing ecosystem. Landgate supports the Council of Australian Governments (COAG) initiative of a ‘National Digital Seamless Economy’. As a member of the Australian Registrars National Electronic Conveyancing Council (ARNECC), Landgate is aligned with other Australian jurisdictions in supporting the accelerated take-up of electronic conveyancing because it provides a more secure and robust environment for all transactions.
A significant national consultation process including bodies such as ARNECC, the Australian Bankers Association (ABA) and the Customer Owned Banking Association (COBA), has been led by Land Victoria. This consultation revealed a national appetite for digital transformation within a 2016 timeframe. To maintain consistency and continuity for reform, Landgate is aligning with the Land Victoria approach (leveraging the consultation scope) with an implementation date of 1 August 2016.
Preparing for the change
Landgate recommends that all ADIs, their conveyancers, lawyers or lodging agents apply as soon as is practical to become registered users of the PEXA system. Please refer to www.pexa.com.au for details.
For further information, please contact Landgate’s Customer Service team on +61 (0)8 9273 7373 or email (firstname.lastname@example.org).
REGISTRAR OF TITLES