Let's get to the crux of the situation without bringing in the 'lawful' aspect of the actions of banks with accordance to a piece of law called the 'Australian Constitution'.
Australia's 'Big Four' banks are destroying 'your'(?) land title and replace it with a digital version.
Why?
Because they can!
Once you give 'your' money to the bank it's no longer yours but rather the property of the bank.
When it comes to 'your' land title it's a similar matter.
He who holds 'your' title can leverage debt against it.
Fancy that, but that's how the 'law' operates on this British colony called Australia.
Once you give 'your' title to the bank it's no longer yours but rather the property of the bank, therefore they can do with it as they please, the legality of a 'digitised' land title is put aside for the moment.
P.S.
Do not forget that all the land taken from the indigenous Australians is under firearms, up until today, without any treaty, unlike with the Indigenous population of New Zealand, under the Treaty of Waitangi, where Queen Victoria acknowledged it as a special relationship with the (Māori) people.
See article from 2 November 2016 by smh.com.au of the headline:
Big four banks destroy 1.6 million paper land titles in push to digital versions
Australia's big four banks have quietly destroyed all paper land
titles they hold for 1.6 million Victorian mortgagees, forcing property
owners to use a bank-owned electronic transaction system.
Any future sales of properties whose titles are held by the bank will need to be transacted, at least in part, electronically.
The mass destruction of paper titles and their replacement with electronic certificates has been questioned by property lawyers who fear it will compromise security and effectively outsource the 150-year-old Torrens title system to private operators.
The Law Institute of Victoria has been an outspoken critic of the electronic system, arguing it increases costs for consumers, undermines those holding titles for security against other assets, and adds complexity and legal uncertainty to a what was once a simple, safe system.
A Certificate of Title is an official land ownership record. Photo: Rob Young
The changes were ushered in by the Registrar of Titles who declared in a notice in the Victoria Government Gazette that paper based titles will be void and of no effect from October 22, 2016.
Property owners whose paper land titles are held by major banks were not told their title documents have been destroyed.
The conversion of paper certificates of title to electronic versions was part of a national push to electronic conveyancing on the PEXA system, a spokesman for Land Victoria said.
PEXA is owned by state governments, the ANZ, CBA, NAB, Westpac, Macquarie Bank and private equity.
"If landowners wish to get a paper title when their mortgage is paid out, they can do so," the spokesman said.
Bruce King from Kirby & Co. Solicitors said he conducted his first property transaction on the system last week and it was more expensive.
The transaction went smoothly but other lawyers encountered difficulties with banks failing to nominate a controlling entity which meant some settlements didn't get through, he said.
PEXA chief executive Marcus Price said paper titles were cumbersome to use. "People keep losing them, including banks," he said.
Most property fraud occurs with unencumbered paper titles being taken and used by other family members, he said.
"This is a long overdue catch-up by property to the two other big assets, shares and cash, which are exchanged electronically," Mr Price said.
"It is ultimately a much safer system," he said.
PEXA was set up in 2010 with federal government support after a meeting of the Council of Australian Governments urged modernisation of the antiquated system of paper-based transfers used by land titles offices and conveyancers.
The Titles Office in NSW is in the process of being privatised and South Australia is considering similar plans.
Any future sales of properties whose titles are held by the bank will need to be transacted, at least in part, electronically.
The mass destruction of paper titles and their replacement with electronic certificates has been questioned by property lawyers who fear it will compromise security and effectively outsource the 150-year-old Torrens title system to private operators.
The Law Institute of Victoria has been an outspoken critic of the electronic system, arguing it increases costs for consumers, undermines those holding titles for security against other assets, and adds complexity and legal uncertainty to a what was once a simple, safe system.
A Certificate of Title is an official land ownership record. Photo: Rob Young
The changes were ushered in by the Registrar of Titles who declared in a notice in the Victoria Government Gazette that paper based titles will be void and of no effect from October 22, 2016.
Property owners whose paper land titles are held by major banks were not told their title documents have been destroyed.
The conversion of paper certificates of title to electronic versions was part of a national push to electronic conveyancing on the PEXA system, a spokesman for Land Victoria said.
PEXA is owned by state governments, the ANZ, CBA, NAB, Westpac, Macquarie Bank and private equity.
"If landowners wish to get a paper title when their mortgage is paid out, they can do so," the spokesman said.
Bruce King from Kirby & Co. Solicitors said he conducted his first property transaction on the system last week and it was more expensive.
The transaction went smoothly but other lawyers encountered difficulties with banks failing to nominate a controlling entity which meant some settlements didn't get through, he said.
PEXA chief executive Marcus Price said paper titles were cumbersome to use. "People keep losing them, including banks," he said.
Most property fraud occurs with unencumbered paper titles being taken and used by other family members, he said.
"This is a long overdue catch-up by property to the two other big assets, shares and cash, which are exchanged electronically," Mr Price said.
"It is ultimately a much safer system," he said.
PEXA was set up in 2010 with federal government support after a meeting of the Council of Australian Governments urged modernisation of the antiquated system of paper-based transfers used by land titles offices and conveyancers.
The Titles Office in NSW is in the process of being privatised and South Australia is considering similar plans.
2 comments:
Wasn't aware of this, so thanks. Slippery situations. In one aspect you are paying for the title, not simply the land, but on the other hand the Bank is the owner of all till there is fulfilment of the contract so they can do what they will at their lose if the other minor interested party sues.
Best to never get Bank loans. I've never had one except when I was really young and wanted to buy a car, but paid out the loan within days.
You maybe able to go straight the Land Titles Dept and get Torrens certificate reprinted.
I read your website. It's so good.Keep doing best wishes from as. Wills Lawyer Melbourne
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