Conveyancing is the process involving the transfer of legal title of real property from one person to another.
VOI means verification of identity.
Brave new world of technology – Buying and selling property in 2021
After exchange of contracts the process to complete all conveyancing transactions in NSW is now conducted through the National electronic e-conveyancing system known as ‘PEXA’ which is authorised by the government to facilitate the completion of all land transfers, mortgages and a variety of other documents requiring registration with the Lands Registries.
The process includes document preparation and facilitating communications and exchange of documents and relevant settlement funds with representatives of the buyer the seller and any lender all within the e-conveyancing workspace.
Only prescribed persons can be subscribers in the e-conveyancing space because of the need for the subscribers to hold necessary insurances and to maintain a high level of security to minimise risk of fraud. There are multiple security codes required.
All major banks operate within PEXA.
Verification of identity (VOI)
All buyers and sellers must provide 100 points of identification to be represented in the e-conveyancing space. Lenders and mortgage brokers must be satisfied as to borrowers’ identities and all legal representatives or conveyancers engaged to facilitate any transaction in the e-conveyancing space must receive and retain records verifying identity in accordance with the prescribed strict standards that have been mandated.
The NSW Lands Registry conducts regular random audits to ensure VOI has been properly undertaken to ensure land transactions are securely and properly managed.
COMMON IDENTITY PROBLEMS:
Middle Names – Anglicised Names – Common Usage Names
Issues when Buying
When borrowing from a lender you must use your names as shown on identity documents. This means if you have a middle name on your passport or driver licence you must use that middle name in the conveyancing process.
Issues when Selling
When you come to sell it is necessary to obtain certain proofs of your residency or citizenship status and at that time your tax file number is required. If, as occasionally happens, the name associated with your tax file number is different than that shown on your identity documents (e.g. the use of anglicised names) that can create problems which have to be resolved.
Spelling of Names
Sometimes a person’s name is spelt differently on different documents, even if it is a minor difference. This may need to be corrected or at least explained by a Statutory Declaration.
VOI OTHER PROBLEMS – SHARE TRANSFERS
Variation of usage or spelling of a person’s name also creates problems when you are buying or selling shares or trying to prove ownership of shares in a deceased estate. VOI is important for the share registries and banks as well as the Lands Registries.
From time to time a deceased person’s Will recites the formal correct name of the deceased but shares or bank accounts the person held before their death might be recorded in an abbreviated version or common usage version of their name. This involves quite a bit of old-fashioned bureaucratic paper work to explain and resolve.
Similarly, if an executor’s name is spelled incorrectly in a Will that can lead to problems dealing with the estate when undertaking VOI for land transfers or share transfers.
As your legal representative we commonly deal with these problems and we will be able to assist you to resolve such problems if they arise.
BEST PRACTICE
Of course our best advice is that on all important records and financial documents please make sure your full name is inserted so that it matches your birth certificate and if you change your name on marriage either you might arrange formally to change your last name on appropriate identity documents or make sure you have a proper copy of your marriage certificate from Department Births Deaths and Marriages to prove your identity if you occasionally use both a married surname and a birth name. The name on your tax file ideally should be the same as the name on any real property [land/ house /unit] that you own.
If you really want to change your name because you would prefer to be called officially by a preferred name such as ‘Jackson Smith’ not ‘Giacomo Smithson’ – there is a process through NSW Births Deaths and Marriages which does allow you to legally change your name for all formal records.
If you need assistance with any of the above issues or would like more information please call us on 02 9699 9877 or email [email protected].