Missing Title Deeds - WA

[INVSTOR]

I'm interested in purchasing a vacant house beside one of our IP's. One of the owners is recently deceased and her last words to a friend of mine were that she's hidden the title deed's to her house so that her kids can never get their hands on it. The other owner is being taken care by his daughter at her house. I'd like to make an offer to surviving owner. Can the property still be sold easily or would the missing title deeds complicate a sale. Thanks.

 

[battler]

Not sure about WA but here the Titles office would have an original deed.

 

[Raddles]

HI there
not sure exactly what the process is in WA - but in QLD if there is a missing title - you normally have to prepare declarations about attempts to locate the title - and possibly do some advertising to try and locate the missing title - before you get the titles office to issue a new title.
It is a process and will delay settlement - but is definately doable.
thanks

 

[fernfurn]

When we bought our first house in Victoria they couldnt locate the deeds, just advertised for a certain time then issued new ones. No problems

 

[INVSTOR]

THANKS for replies.

 

[Ausprop]

does the survivor have probate to deal with the property?

 

[INVSTOR]

I'm assuming he has. As far as I know his mental health is good but other health is not good..... She was very controlling so maybe not! I guess I could make him an offer that stands for 6 - 12 months in case it gets too messy.

If I could combine their 1300sqm block with my 1600sqm block it would make a really nice dev't site.

 

[Tizzy]

My dear father in law threw out his deed! We discovered it was missing a few days before settlement. No problem, we just took the Enduring Power of Attorney docs and other info down to Lands Dept in Midland.

 

[Ausprop]

I'm assuming he has.

I would just ask to see it before you mess around with it. Or search the title at landgate to see if it was as joint tenants which it quite possibly was. One thing tho... the daughter is looking after a parent, so they may not be thrilled to have someone sniffing around trying to pick up the family home. And whatever you offer will be considered by the family to be 'ripping off an old person'.

 

[INVSTOR]

Good idea Ausprop to search title. Yer i have considered what the family might think. I'm not planning on ripping them off. I'd be prepared to pay market value - get them to have it valued.

 

[INVSTOR]

And whatever you offer will be considered by the family to be 'ripping off an old person'.

Yer it's a bit too close - could just imagine it being the talk of the suburb also - bad vibes. I did some research today too and there's not much demand in the suburb at the moment, plenty of vacant land just sitting also.

 

[INVSTOR]

I'm glad I didn't bother with this property now. It's on the market for about $100,000 more than I thought it was worth, will be interesting to see if it sells.