About to sell but cannot find your title?
You are not alone. I have this query come up more often than you would think.
First of all, contact McWatt, Tran & Co Lawyers and we can do an issue search to determine if it is a paper title or an electronic one.
If it is an electronic one, then your title is not lost! For a small fee and the cost of your title, you could have your title in your possession within a day.
If the title is a paper one, then it will take some time as we now have to contact all former solicitors and/or banks on your behalf to see if the original certificate of title can be found without the need for lodgement of a lost title application. If we still cannot find it, it is lost or accidently destroyed and we will need to make a lost title application on your behalf. To do so, we have to do the following:
• Make application for a New Certificate of Title in place of the lost one;
• Prepare statutory declaration/s from you and any parties that last had it in their possession. The statutory declaration will also detail our search enquiries and from those previously in possession of the original certificate of title after it was last issued by the titles office; and
• Obtain a copy of a current Council rates notice evidencing the property’s value.
It may feel a lot but you can leave all the hard work to us. The sooner you contact us, the sooner you will have your title back. This way you can sell your house or even subdivide your land. You can read that article by clicking here.
The legal content in this article is an overview of the steps involved in finding a lost title. It is a far cry from being exhaustive. It does not constitute legal advice. You should contact us for legal advice or other professionals for specific advice relevant to your circumstances.