All Topics / Value Adding / Certificate of Title Joint tenants

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  • Profile photo of mcquiremcquire
    Member
    @mcquire
    Join Date: 2006
    Post Count: 7

    I have a power of attorney over my grandparents house which is owned as joint tenants. I am in the process of taking out a caveat loan on the property. I have two questions:-
    1, Does the certificate of title of the titles office hold date of birth records for property owners?
    2. As the property is in joint tenants (as opposed to tenants in common), can I apply via power of attorney in my grandfathers name and leave out my grandmothers?
    Any help would be appreciated[evo]

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    1. no
    2. no

    Terryw
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    Profile photo of mcquiremcquire
    Member
    @mcquire
    Join Date: 2006
    Post Count: 7

    so therefore on question 2 do I have to include both tenants on the loan application?

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Maybe i should elaborate. The Land Titles Office (in NSW anyway) just records names. So there is no way to distinguish between people of the same name.

    No lender is going to lend money without getting the joint owners to sign. If something went wrong, they would have no security. You would need both owners consent anyway to lodge a caveat and both owners would be notified.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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