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Signing off your mortgage or sale document… read this first

Photo by Kon Karampelas on Unsplash

It is both exciting and stressful to be buying or selling real estate. Real estate is, for most people their most expensive asset, so whether it is your first home you are buying or selling or a subsequent one, this is a really significant transaction you are undertaking.

All property related documents must be lodged with the Titles Registry (Department of Natural Resources Mines and Energy)  and lodging those documents incurs a fee that adds to the cost of purchasing or selling a property. It is vital that when you present to have your documents witnessed prior to lodgement you have the right supporting documents with you.

Whomever witnesses your property document has obligations under law.  If you request your documents to be witnessed without having the right ID or supporting documents they may have to decline to witness your document.  You will need to bring proof of identity and proof of entitlement to sign along with your documents.without them the witness may refuse to sign your paperwork which could add to the stress of this transaction.

This is what might happen without the right documents: www.qja.com.au/Downloads/Videos/Land%20Titles%20v2%20%28Web%29.mp4

Who can Witness my Document?

In Australia property documents can be witnessed by:

  • a justice of the peace
  • a commissioner for declarations
  • an Australian lawyer
  • a notary public
  • a licensed conveyancer from another state
  • another person approved by the Registrar of Titles.

 

Proof of Identity

  • Australian passport + Australian driver's licence + change of name or marriage certificate, if necessary
  • proof of age card + full birth certificate + Medicare card + change of name or marriage certificate, if necessary
  • Australian evidence of immigration status ImmiCard or Australian migration status ImmiCard + full birth certificate + another form of government issued identity document + change of name or marriage certificate, if necessary.

 

 

 

Proof of Entitlement to Sign

Buying:

  • a copy of the contract of sale for the property
  • official loan documentation from your bank or other lender
  • a letter from their solicitor confirming your entitlement to sign the form.
  • Current title search document

 Selling

  • a letter from your solicitor confirming your entitlement to sign the form.
  • Current title search document
  • A current rates notice for the property