How to I replace a lost Certificate of Title in Queensland? If you have lost your duplicate Certificate of Title deed for your property, we can help you resolve the problem.
The Department of Natural Resources, Mines and Energy for a period of time have been phasing out the issue of duplicate Certificate of Titles for dealings.
We can only imagine that there are a lot of older generations who still have a duplicate Certificate of Title for their property. Probably lodged in safe custody with their property lawyers, or accountants or put away somewhere safe at home.
There may have even been a mortgage registered over your property at some stage. You paid out the mortgage and the bank has now passed the Discharge of Mortgage or Title onto you.
The problem arises when you have sold your property and are not able to locate the duplicate Title deed.
If there is a duplicate Certificate of Title issued it will be required to be handed over at settlement.
There is a process to request the dispense with the production of the Certificate of Title, and you will need the services of a Conveyancer who has experience in this area of law.
Initial investigations will be started commenced to establish the last firm or recipient the Title may have issued to.
Firstly we need to establish the date of the issue of the duplicate Title before we can start preparation of the application process.
If you are not able to provide this information to us, we will conduct a title search to obtain the dealing number for the issue of the Title. We may also need to complete an historical search.
The dealing search will reveal who the duplicate Certificate issued to, such as a Law Firm or Individual.
Statutory Declarations will be completed for each person or firm who held the duplicate Title in their possession before it was lost. The Declarations are lodged together with the Application to dispense production of the Title at DNRME.
These forms need to be completed correctly to avoid the risk of documents being rejected by DNRME.
The Registrar will provide written notice which:
- Contains the public notice that is to appear;
- Specifies the newspaper in which the notice is to be placed;
- Provides a date by which the requirement is to be satisfied;
A copy of the newspaper notice is supplied to DNRME before the Application can proceed.
Finally, the Registrar will issue a registration confirmation statement which confirms the duplicate Certificate of Title has been dispensed.
You can still request a duplicate Certificate of Title to issue for a property you are purchasing, but it can create a big problem if it gets lost when it is time for you to sell your property.
