Bankwest - rules when signing bank loan docs? Brokers help!

[Terry_w]

We are QLD based and purchased in QLD with Bankwest. We had to get a JP to sign (witness ID). Our lawyer couldn't do it but they had a JP in the office who could.
I don't know if this applies to you but the paperwork was primarily processed in WA so we made sure to express post documents to meet deadlines, rather then waiting a week through normal post for WA to receive it.

Why couldn't your lawyer witness? Lawyers are prescribed witnesses under schedule 1
http://www.austlii.edu.au/au/legis/qld/consol_act/lta1994109/sch1.html

Perhaps your lawyer wasn't actually a lawyer? I've seen that happen in Sydney, support staff passing themselves off as lawyers.

 

[ramblin]

I'm sorry, you're correct Terry, she wasn't a lawyer, just conveyancing in our lawyers office. Slip of the mind.

 

[Marty McDonald]

Bloody annoying but sounds like you all need to be in the same room to me..

Similar vein...I had a guarantor loan back in December that required the guarantor and the borrowers (family guarantee) sign the same piece of useless paperwork and have it witnessed. Now considering the lenders are all so precious about the guarantors getting their documents separately and the requirement to seek independent legal advice I can not fathom why they would set their docs up like this. Not good when the guarantor lives inter state either, which seems to be often the case too. So dumb.

 

[Terry_w]

I'm sorry, you're correct Terry, she wasn't a lawyer, just conveyancing in our lawyers office. Slip of the mind.

Licenced conveyancers are also authorised witnesses. She must have been one of the assistants - who often do the whole job under 'supervision'.

 

[Aaron_C]

Licenced conveyancers are also authorised witnesses. She must have been one of the assistants - who often do the whole job under 'supervision'.

Maybe with a DIY conveyancing kit thrown in there?

 

[tobe]

they are diferent in Queensland.....


They have a presribed list of JP's and witnesses.

 

[impala67]

JP needs to site ID. Should be possible for you to have the docs witnessed by the appropriate person (should be a list with docs) then post to the other parties and then they have a witness sign on the list from bank.

Your not going to like this but check with Bankwest and I empithise with you on the conflicting advice from banks. I find there advice is wrong on a regular basis (especially at branch level) and tell my clients to heed mine when Im certain.

It's not just B/W, ANZ witnessed mine incorrectly last week even though it specifically stated QLD mortgage needs a JP and it was underlined. Got it redone by a JP and walked the docs over to their settlement agents in the CBD the following day.

 

[Terry_w]

These are not bank rules by state legislation - i.e. The Law!!

 

[jerrybee]

they are diferent in Queensland.....


They have a presribed list of JP's and witnesses.

Huh? They have a list of JP's that I need to pick from? So I can't just use any JP?

 

[Terry_w]

Huh? They have a list of JP's that I need to pick from? So I can't just use any JP?

this is not what the law says.