All Topics / General Property / Lessons Learned this Settlement

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  • Profile photo of PC_MelbournePC_Melbourne
    Member
    @pc_melbourne
    Join Date: 2010
    Post Count: 43

    Just sharing.

    Today we settled on IP#4.
    This has been by far the most stressful, painful & fearful settlement we have ever gone through.
    Long story short.

    Committed to off the plan townhouse Q3 2009 –> Building Completion VERY late –> Financed new property with RAMS, whilst Refinancing 2 existing IPs away from St George Bank –> Discovered St George did not register the Title of 1 of the previous IPs –> Explanations and Finally getting paperwork completed on Title = Missed Settlement Date –> Request Extension –> Vendor issues Rescission Notice instead –> St George only processes partial discharge not Full Discharge –> Getting close to Rescission date, whilst sweating on paperwork for full discharge. –> Finally Settling 3 working days before rescission deadline. END.

    Lessons learned through this harrowing experience

    1) Never assume that just because settlement is completed. That you are paying your mortgage. That the title of the property is in your name.
    > Ring the Land Titles Office.
    > Provide the Folio and Volume Number to your Title. Check that the Financier actually registered the title in your name post settlement.
    > This is a free service. We would never have discovered that the title was not in our name unless we refinanced. It could have gone for years had we not refinanced.

    2) If you buy a new property + intend on doing any refinancing whatsoever with that new purchase. DO NOT underestimate the time it takes to get refinancing paperwork generated and sent to the right locations for settlement. We stupidly allowed a 2 wk settlement from building completion in the Sales Contract (dumb thing to do). From now on we are changing sales contracts to a 4 – 6 Week settlement timeframe from building completion in the same scenario. 2 weeks is barely enough to get refinancing paperwork generated and sent.

    Profile photo of live and learnlive and learn
    Member
    @live-and-learn
    Join Date: 2010
    Post Count: 1

    I had a similar experience with a bank a few years back and can understand what you went through.  Basically divorced and the house went to my name, after a court order was issued as ex refused to sign the land transfer, I went to get the titles changed to may name and had to remortgage the house.  All went reasonably well.  A few years later as I am buying IP1 and it is all ready to go I find out that the bank changed the mortgage but the title had not been registered and was still under the ex's name! 

    We had to stop settlement to get this sorted, back to court to get the court order renewed, then change the title and the mortgage again, then re-do part of the loan application and then, only then could we think about buying the property.  In the meantime settlement is fast approaching and money due is put on credit cards until the whole situation on the title is resolved. 

    The bank paid for the legal costs but would not pay for the interest on the credit cards. 

    Leason learned:  don't trust the banks to have done the rith thing, they are only looking after their interests, not yours.  Make sure everyting is done properly. 

    Profile photo of PC_MelbournePC_Melbourne
    Member
    @pc_melbourne
    Join Date: 2010
    Post Count: 43

    Totally agree. Banks cannot be trusted on any level to assist properly from giving answers to processing paperwork to sending packages on time. It doesn’t help that the banks usually don’t talk to the buyer during settlement, they only want to talk to solicitors which complicates the matter even further.

    This time round I spoke to a dozen people.
    1 lady went out of her way to help, because she stopped an listened to the consequence.
    Had I not found her, I am certain that i would have lost the property and the $51K deposit.

    This experience has put another 2-4 checklist points on the property buying list of things to do. Getting really big now.

    Profile photo of jack620jack620
    Member
    @jack620
    Join Date: 2006
    Post Count: 20

    Hi PC,
    any chance you might post a copy of your property buying checklist?  I'm about to sign a contract and it would be very handy for a noob.

    Profile photo of elektricpinkelektricpink
    Member
    @elektricpink
    Join Date: 2010
    Post Count: 8

    Hi PC_Melbourne,

    Thank you for going to the trouble of posting the details of your ordeal on the forum, it really helps others to learn without going through the same thing! I’m just as keen as jack620 to see your list, if you wouldn’t mind sharing it?

    Thanks again,

    Stacey

    Profile photo of PC_MelbournePC_Melbourne
    Member
    @pc_melbourne
    Join Date: 2010
    Post Count: 43

    Hey guys.
    Been away on leave.
    email me if you want material. I have written up a bunch of notes to clarify property purchasing.
    [email protected]

    I will email you what I have.

    Profile photo of Wal 88Wal 88
    Member
    @wal-88
    Join Date: 2010
    Post Count: 6
    PC_Melbourne wrote:
    Hey guys. Been away on leave. email me if you want material. I have written up a bunch of notes to clarify property purchasing. [email protected] I will email you what I have.

    hi pc i would also love a copy of your notes if you wouldnt mind e mail sent.

    thanks

    Wal

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