Extreme delay in getting transfer registered

[scientist]

I bought a property and went through all the usual hoops. Settlement was 23/4/15 and I paid using my own funds so the property is unencumbered. It's now 15/5/15 and I'm still waiting for the solicitor to register the transfer so the title would have my name on it.

Everytime I call the solicitor he tells me he's waiting on the titles office to do their thing.

Today I decided to call the land title office and their search indicated nothing has been submitted! What the f was my solicitor doing all this time?!

So far I'm not too concerned, I've been receiving rent since settlement.

But I want to know - what's the worst WORST case scenario here - can this guy steal a property somehow?

 

[Perp]

But I want to know - what's the worst WORST case scenario here - can this guy steal a property somehow?

Sorry, I can't answer, but I seem to recall that former member Dazz had it happen on one of his properties that it was never transferred into his name, and he only found out years later. I think I recall that it was a bit of an administrative dick-around, but he wasn't at risk of being deprived of title.

 

[scientist]

Sorry, I can't answer, but I seem to recall that former member Dazz had it happen on one of his properties that it was never transferred into his name, and he only found out years later. I think I recall that it was a bit of an administrative dick-around, but he wasn't at risk of being deprived of title.

well if I didn't want to get a mortgage on it I probably also wouldn't find out. The bank is keen to get the title in my name before they fund my loan so that's holding things up for me.

 

[Peter_Tersteeg]

Depending on the state it can take a bit of time. It's commonly about 2-3 weeks but sometimes it does take longer.

Electronic conveyancing is rolling out across the country. In theory this should mean that registration should be almost immediate (at least that's what the banks are saying).

 

[Terry_w]

I had one of my properties which was never transferred into my name. I only found out when I went to sell 2 years after purchasing. The bank never registered the transfer.

You should get onto your solicitor - maybe they posted the documents in and they went missing in the mail. There is potential for fraud so you want it registered asap. A creditor of the vendor could lodge a writ on the property and take priority too. See Black v Garnock.

 

[scientist]

I had one of my properties which was never transferred into my name. I only found out when I went to sell 2 years after purchasing. The bank never registered the transfer.

You should get onto your solicitor - maybe they posted the documents in and they went missing in the mail. There is potential for fraud so you want it registered asap. A creditor of the vendor could lodge a writ on the property and take priority too. See Black v Garnock.

These possibilities make me nervous.

 

[Redom]

Sometimes theres a bit of chasing up necessary here post settlement. I recently had one of these (with similar dates). The bank just didn't do the transfer/forgot/admin error (usually happens back end with solicitors i believe). One phone call later it was all put in motion to process.

 

[Rolf Latham]

2 to 3 mths rego time isn't unusual in some states


Ta
Rolf