Thursday, November 17, 2011

No CT - abolish certificates of title

No CT - full stop

First Principle
In the brave new world with no paper titles, to rely upon, you cannot sell unless you are properly identified as the person who has the right to deal with the title. The issue of Identity moves to the forefront.



How to eliminate the paper certificate of title?
  1. Identity: First, title holder(s) must obtain a Proof Of Identity certificate "POI certificate". This should be done by certifying bodies such as the local  Post Office and not necessarily done by the lawyer or conveyancer ~ dont burden us with this responsibility
  2. Key: The title holder must obtain a "Private Key" from the Land Titles Office; upon production of their POI certificate - and - the surrender of their paper title if its a clear unencumbered title
  3. Insurance: every title holder has option of buying title insurance when they obtain their Private Key ($100) - this deals with the naysayers who continually raise the issue of fraud.

Settlements and Transfers

Vendors / Transferors
  • Must use a registered conveyancer
  • Must produce the Private Key and their POI certificate
  • Transferor cannot settle without conveyancer logging the Private Key into the NECS or whatever its called (or handing it over over at a physical settlement if there is such a thing anymore)
Purchasers / Transferees

  • Upon registration of the transfer of land a Private Key is issued to transferee.
  • When they come to sell or transfer, repeat above
The first step to electronic conveyancing is the elimination, in toto, of the paper or duplicate certificate of title, no exceptions. That is, there is no such thing as electronic conveyancing unless paper titles are abolished


Link to NSW certificate of title solution


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