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Debt collection and writs and caveats - the requirements to record on title in NSW

Tuesday, September 10, 2013 - Posted by Philip Harvey

The LPI has made changes to the application forms of Writs and Caveats. These changes outlined below take effect from 1 February 2014.

Changes to Application to Record Writ

A new requirement before a writ can be recorded is that an affidavit must be sworn verifying that the judgment debtor named in the writ is identical to the registered proprietor of the land. The affidavit must record the steps taken to confirm the identity and demonstrate that the judgment debtor and proprietor are the same person.

This new requirement is to reduce the risk of writs being incorrectly recorded against registered proprietors with the same name as a judgment debtor. It should be noted that when you perform a title search and have a name match, no date of birth is provided in the search.

Changes to Caveats

The statutory declaration included in a caveat application now requires confirmation that the registered proprietors address is correct. This is to ensure that the LPI can notify a registered proprietor when a caveat has been entered.

 This information was sourced from the Land & Property Information Circular No 2013/07 August 2013.

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