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Interesting, considering this is legal advice. Thanks for the update.

So Mr Roomer did you manage to get the title transferred?

It also implies that the title will transfer itself. "Once the Loan is repaid the Property" Spontaneous title transfer, or STT, is a rare event!

That bold bit is misleading. There may be no CGT for a properly set up custodian trust arrangement. But the ATO has no jurisdiction over stamp duty and they would not have made such a bold statement. (bold and bold?)

The deed would need to be followed. The SMSF Trustee would write to the Custodian trustee asking for the property to be transferred back into its name. The transfer forms would be sign and 'settlement' would occur with the SMSF custodian handing over the title deeds to the SMSF fund. The...

Not really. It would just say that title must be transferred.

Roomer, I just noticed another post of yours from 4 years ago. It seems the accountant that advised you on this is the same one who tricked you into going with another lender so he got a commission - and this is after you signed docs.

I haven't seen that site before, but looks like it may have some good articles. Duty is nominal -$50 I think - but only if the OSR's requirements are met to prove the Custodian was acting as Custodia for the SMSF. In NSW there are various things needed, statutory declarations, proof SMSF...

This is not really the place of a bank to tell the customer that it may have to change title of a property. It is a legal issue and not the bank's business. They could offer it as a service through their lawyers, but they could do a lot of things which is outside core business.

You are probably worrying unnecesarily. It probably won't be big bucks to change legal ownership. Super is very complex and this is why it is essential that you have a lawyer for the legal aspects rather than rely on a fin planner solely. As a trustee or director of the trustee it is yur...

Yes, you would think so, but this is really legal advice so maybe not. It may also be rare for an advisor to see a loan paid out as most last 20+ years.

Nothing to do with the bank! It is the SIS Act which requires a custodian trust. You would have set that up before entering into the contract to purchase the property. You would need to get some legal advice on how to transfer title and the stamp duty issues - if any.

You should read the custodian deed - you will find the title must be transferred to the SMSF trustee once the loan has been repaid. You will need to transfer title and cover any stamp duty issues. In NSW if you are not careful there could be stamp duty again.