Are you looking to obtain your certificate of title in Victoria? In this guide we show you how to obtain either the original title or copy of your property title in Victoria.
How to obtain your original certificate of title in Victoria?
You can only obtain the original certificate of title for your property if you have a "clear title", that is, a property with no mortgage over it. If you have bought a property with cash or have paid off your mortgage, then you can obtain the original paper title. Below we've outlined how to obtain your title in three common scenarios:
1. Cash purchase
Typically when you buy a property with cash your solicitor or conveyancer will invite you to come to their office to collect the original paper title. So if you bought a property with cash and do not have your original title with you, your solicitor that did your property conveyance is most likely holding onto your title.
The first thing you should do is contact your solicitor or conveyancer to ask if they have it and then arrange a time to pick up your title. In alternate, they will let you know if you already collected it in the past.
2. Paid off your loan/mortgage
If you've paid off your loan for the mortgage over your property, your bank will be holding onto your original title until you ask for it. In order to get the original paper title from your bank, you will need to complete a "discharge of mortgage" form. The bank will charge you a fee to close your loan, discharge the mortgage, and provide you with the original title.
Most people when they pay off their loan let their bank hold onto their title so it is in a secure place, as you only really need the title in your possession when you sell the property or refinance.
3. What is your title is only electronic and not paper?
If your property title is held by your bank, most likely there is no paper title, rather it is an electronic title. Sometimes solicitors and conveyancers also hold your title in electronic format and not paper - however our preference (and many other office's) is to get a paper title so the client can collect it.
If your title is electronic and you want to get control of it, your bank or solicitor can ask the title office to convert the title into a paper format and post out the original paper title. Once this title is received, then you can collect it from your solicitor or bank. Please note there most likely will be a fee charged for this.
How to obtain a copy of a property title?
If you are just looking to get a copy of your original title or want to see who owns a particular property, you can order what's called a "title search" or "register search statement" from the Title Office.
This is an official search extract from the Title Office that shows who owns a particular property. You can order one yourself directly by making an account with Land Data - which is the Title Office's search service. It will cost you on average $20.00 to get a copy of a title search that shows property ownership.
I've lost my title, what can I do?
If you have lost your original paper title you can order a replacement title from the Title Office. This sometimes occurs and becomes an issue when you want to sell or mortgage your property, as you need the original title to do this.
There is an application that needs to be completed and fees to be paid to the Title Office in order to get a new Title. If you need assistance with this our office can assist with lost title applications, please contact our office to engage us.
Disclaimer: This guide relates to Victorian real estate law and should not be relied upon for legal advice rather it is general in nature. Please contact our office for a consultation to receive legal advice for your specific circumstance.