Land Title Documents

This file last saved 11 August, 2019 14:50

    Eligibility Provisions

  1. The Land Act 1994 and the Land Title Act 1994 have specific eligibility criteria which, as a JP(Qual), you fulfil. You must NOT be a party to the document.

    2. Caveats

  2. The Mortgage Witness Certificate/Checklist is NOT A REGISTRY FORM, even if the declaration is grafted into a Registry Form 20. Lenders (mortgagees) are now obliged under law to take reasonable steps to ascertain the true identify of their borrowers - eg 100 points of ID and MUST complile awritten record of the steps taken to identify borrowers. See below for alternative document from JP Branch.

  3. There is a mandatory requirement for the signatory to prove their identity with prescribed proof of identity documents. While the wording in the Act varies, it it is good practice to require at least one photographic form of identity and a secondary form such as the Medicare card.

  4. Both Acts impose the requirement to ensure that the person signing is entitled to do so - that is, that they are the holder of the relevant interest in the land and they understand the nature and effect of the document.

  5. Both Acts require you to print your full name on the document where you sign as a witness. Initials are not acceptable.

  6. Do NOT place your seal on the document, but you MUST endorse your registration number.

  7. If you are not satisfied that the signatory has the capacity to sign the document you should refuse to witness it.

  8. Do NOT use or witness any Titles Registry forms where correction fluid or correction tape has been used.

    9. proof of ownership (supporting documents)

  9. Generally, a person selling or refinancing a property is the registered owner. To prove that they are the registered owner and are entitled to sign, the person is to provide one of the following documents in relation to the property:
    1. a local government rates notice showing ownership;
    2. a recently issued current title search statement showing their name;
    3. a recently issued registration confirmation statement showing their name;
    4. a current certificate of title (if one exists) showning their name; and/or
    5. a utilities notice, providing it include the lot and survey plan reference, not just the street address.
  10. A new purchase presenting a transfer and/or mortgage form for witnessing may not be able to provide the supporting evidence noted above, but should provide a copy of the contract of sale or a letter from a solicitor that includes the real property description, confirming their entitlement to sign the form(s).
  11. You may use electronically downloaded evidence where it is evident that it is legitimate. This may include observing the client use the telephone to request a scanned copy of the document from a solicitor.

    12. Transaction

    Party

    Transfer

    Transferor (Seller)
    or
    Current Owner Mortgaging

    • Document must show the real property description:
    • local government rates notice
    • title search
    • recent registration confirmation
    • current certificate of title
    • utilities notice

    Transferee (Buyer)

    Copy of contract or solicitor's letter showing the real property description.

    Mortgage by Current Owner

    Mortgagee (Lender)

    Not usually relevant to JP/CDec witnessing in the community

    Mortgage by Incoming Owner

    Copy of contract or solicitor's letter showing the real property description.

    incomplete forms or inadequate proof of ownership (supporting documents)

  12. Technical Bulletin 09/09 advises that JPs and CDecs are NOT to witness land titles documents where the titles registry form is incomplete or the client has not provided adequate supporting documentation. A copy of the Inability to Sign form is here. This is not the same hyperlink as on the Attorney General site.

    13. not authorised to witness registry form 20

  13. Technical Bulletin 05/12 advises that witnesses are NOT authorised to witness alterations or minor corrections to Titles Registry Form 20 (Additional Page).

    14. company office holders

  14. Technical Bulletin 02/14 advises that a document is valid if executed in a way permitted by law. A document can be validly executed by a person who holds a specified position within a company (such as a director), or an employee who has been authorised in writing by the Board of the company to execute on its behalf.
  15. There is no need to witness the signature of a person who is signing on behalf of a company if that person fulfils the conditions above. An execution for a company must include the signatory's designation (eg, Director), the full company name and the company's ACN.
  17. If the client insists on having a company execution witnessed, it does not make the document invalid so long as the procedures for land title documents are followed.

    18. mortgagor witness certificate

  18. The JP(Qual) who witnesses a Form 2 - Mortgage, may be presented with an addition document (usually called a mortgagor witness certificate) drafted by the lender (mortgagee).
  19. Such certificates usually ask the witness to certify the identify of the signatory (mortgagor) and to provide their own personal information such as driver licence details, home address or telephone number. You are not required to supply any information of a personal nature, and should provide contact details of the JP Branch.
  20. There is no statutory obligation for a JP or C.dec to complete a certificate, statment or declaration for, provided by a mortgagee in association with a land registry instrument. It is a matter for each individual JP or C.Dec as towhether or not they complete such forms if provided, particuarly where the witness is requested to provide their own personal information such as home address or driver licence details.
  21. You may use the mortgagor witnessing certificate provided by the Department of Justice and Attorney-General which does not require the personal information of the JP(Qual) and has a disclaimer confirming the JP has witness the Titles Registry form and completed an ID check in line with their section 162 obligations and not as an agent for the lender undersection 11A. That is, it makes clear the JP is NOT performing any due diligence role on behalf of the lender.

    22. Steps

  22. Have the signatory provide proof of identity.
  23. Ensure that the signatory holds the relevant interest in the land.
  24. Question the signatory to confirm that they understand the nature and effect of the document to be signed. If you're not satisfied that the signatory has the capacity to sign the document, you should refuse to witness it.
  25. Have the signatory sign the document in front of you.
  26. Place your signature and FULL name on the document. Insert your registration number but do NOT place your seal on the document.

    27. References

  27. The Duties of Justices of the Peace (Qualified) Handbook, Queensland Government - June 2017 Section 4.11
  28. Land Act (Queensland) 1994
  29. Land Title Act (Queensland) 1994
  30. Technical Bulletins as above