Obtained original paper (copy of) certificate of title after discharging debt

[simon-limon]

Background

(my comment from https://solutionsempowerment.org/community/forums/discussion/obtaining-a-qld-fee-simple-land-title-document/)

Since the transition from PCT (paper) to ECT (electronic) titles, the banks have held onto any paper title that was in their possession at the time of the change (i.e. any properties under mortgage or used for financing).

I am trying to obtain that paper title from the bank for a mortgage that has been discharged, and am running into a bit of resistance. (relating to Victoria)

* The paper duplicate of titles held by the banks were not destroyed when the system went electronic; they were stamped with ‘cancelled’ (or similar) and put into archives. (I have confirmation of this from my bank)

* Yes, I am aware that Vic Land Titles Office holds all original paper titles.

* I already have a valid paper duplicate title from Vic Land Titles Office (done before they stopped allowing paper copies late in 2024).

* I’m after the cancelled duplicate title the bank still holds in archives.

* I do not need this for any legal purposes. In principal, I do not want the bank to be holding onto something (I believe) they have no claim to. If this situation arose before electronic titles, they would have handed it over. A transition to electronic titles should not (in my opinion) change that.

Does anyone have any comments from a legal perspective?

I want to write a follow up letter that is more persuasive.

solutionsempowerment.org

Obtaining a Qld Fee Simple Land Title document - Discharging Liabilities (Debt) - SolutionsEmpowerment.org

Obtaining a Qld Fee Simple Land Title document - Discharging Liabilities (Debt) - SolutionsEmpowerment.org

[simon-limon]

Actions taken (a lot of emails and branch visits)

* escalated the matter up the chain, until I was dealing with someone higher up and had been around long enough to have worked with mortgages and titles prior to the introduction of electronic titles.

* got them to admit that they hadn’t destroyed the title (which would have been destruction of someone else’s property)

* obtained information about where the title was being held (this happened to be in archives in another state)

* explained that had I made this request 10 years ago, I would have been handed the title upon discharging of the debt. the move to electronic titles and any internal policy and process changes that may have been made since are irrelevant with regards to property rights (where property in this case refers to the piece of paper, the certificate of title). when the debt is discharged, the bank is no longer able to lay claim to possession of the paper title.

* didn’t hear anything for a few weeks

* was about to begin a demand notice process with the Branch Manager, and then received an email that the documents had been found and were being shipped to VIC.

Picked them up from the branch soon after.

Very happy with this win!

Interestingly- no stamps of ‘CANCELELD’ or ‘VOID’ or similar on the Certificate of Title. (which I was expecting)

• This reply was modified 1 month, 2 weeks ago by  simon-limon.

[morag-janet-of-the-hill-family]

Great stuff well done!!!