Person B isn't a victim and they get to keep their house. Agent gets to keep his commission. State government get to keep their stamp duty. Settlement agents get to keep their fees.
Golly as person A waves his copy of the outdated certificate of title in the air as a flaccid symbol of the past that it is and has to take action for compensation that may or may not be adequate.
Not right. I have my CT. It is only home owners without their CT that suffer.
You forget, Registrar has to sight the CT to make an amendment to the Register.
Shadows 'printouts' are useless, the CT isn't.
WHAT WOULD EDDIE DO? MAAAATE! Share a cot with Milton?
Not right. I have my CT. It is only home owners without their CT that suffer.
You forget, Registrar has to sight the CT to make an amendment to the Register.
Shadows 'printouts' are useless, the CT isn't.
Not right. Your CT is only your CT if you get wind of attempted fraud and produce your CT prior to the settlement of your house. In that instance you are not a victim of fraud, you are a victim of attempted fraud and have a cool story to tell about the time your piece of paper saved the day.
If the actual fraud has actually been completed then you no longer have a valid CT. That valid CT is now the pride and joy of your former properties new owner and accordingly you have to join a line for compensation. The transaction is not reversed. The new owner is not evicted. The precedent is shown in the article you have linked here on numerous occasions.
I am sure that you cannot be this dumb and are actually just stubborn, but the fact that despite several people have pointed this fact out to you and not a single person has agreed with you makes me question this. Perhaps you should go get some actual legal advice on the matter, then come back and apologise for wasting all ouf our time.
My only hope for my three boys is that they turn out nothing at all like Chris.
Not right. Your CT is only your CT if you get wind of attempted fraud and produce your CT prior to the settlement of your house. In that instance you are not a victim of fraud, you are a victim of attempted fraud and have a cool story to tell about the time your piece of paper saved the day.
If the actual fraud has actually been completed then you no longer have a valid CT. That valid CT is now the pride and joy of your former properties new owner and accordingly you have to join a line for compensation. The transaction is not reversed. The new owner is not evicted. The precedent is shown in the article you have linked here on numerous occasions.
I am sure that you cannot be this dumb and are actually just stubborn, but the fact that despite several people have pointed this fact out to you and not a single person has agreed with you makes me question this. Perhaps you should go get some actual legal advice on the matter, then come back and apologise for wasting all ouf our time.
The compensation is not for loss of property, it is for other losses accruing from the temporary loss of property until it is restored to its rightful owner.
Justice Epstien explains the system succinctly here:
"The philosophy of a land titles system embodies three principles; namely, the mirror principle, where the register is a perfect mirror of the state of title, the curtain principle, which holds that a purchaser need not investigate the history of past dealings with the land, or search behind the title as depicted on the register, and the insurance principle, where the state guarantees the accuracy of the register and compensates any person who suffers loss as the result of an inaccuracy. These principles form the doctrine of indefeasibility of title and is the essence of the land titles system."
Why would anyone buy property if they thought it could be permanently, and irrevocably denied them by the mere act of fraud, criminality, or mistake?
Maybe Shadow can explain how prices could get so dumbly high in a system that operated as he contends, or why so few people embark on this type of criminal activity.
If people could be so easily defrauded, why would they pay $1,200,000 for a junker?
The compensation is not for loss of property, it is for other losses accruing from the temporary loss of property until it is restored to its rightful owner.
Justice Epstien explains the system succinctly here:
"The philosophy of a land titles system embodies three principles; namely, the mirror principle, where the register is a perfect mirror of the state of title, the curtain principle, which holds that a purchaser need not investigate the history of past dealings with the land, or search behind the title as depicted on the register, and the insurance principle, where the state guarantees the accuracy of the register and compensates any person who suffers loss as the result of an inaccuracy. These principles form the doctrine of indefeasibility of title and is the essence of the land titles system."
Why would anyone buy property if they thought it could be permanently, and irrevocably denied them by the mere act of fraud, criminality, or mistake?
Maybe Shadow can explain how prices could get so dumbly high in a system that operated as he contends, or why so few people embark on this type of criminal activity.
If people could be so easily defrauded, why would they pay $1,200,000 for a junker?
Exactly. It's the register that underpins the 3 principles. Note no mention of the print out CT.
Not right. Your CT is only your CT if you get wind of attempted fraud and produce your CT prior to the settlement of your house. In that instance you are not a victim of fraud, you are a victim of attempted fraud and have a cool story to tell about the time your piece of paper saved the day.
If the actual fraud has actually been completed then you no longer have a valid CT. That valid CT is now the pride and joy of your former properties new owner and accordingly you have to join a line for compensation. The transaction is not reversed. The new owner is not evicted. The precedent is shown in the article you have linked here on numerous occasions.
I am sure that you cannot be this dumb and are actually just stubborn, but the fact that despite several people have pointed this fact out to you and not a single person has agreed with you makes me question this. Perhaps you should go get some actual legal advice on the matter, then come back and apologise for wasting all ouf our time.
If Golly has a CT as he claims, and I have no reason to doubt him on this issue, then a transaction cannot be registered on the title unless he presents his CT.
Not a sale, nor a mortgage, nor a subdivision, nor an easement - nothing can happen on his title without his CT. It's not just a copy.
Someone can go to the trouble of trying to sell his property or taking out a mortgage fraudulently, but it just can't happen without his Certificate of Title.
Take risks - if you win you will become wealthy, if you lose you will become wise
"where the register is a perfect mirror of the state of title".
When it is not, the Register is wrong, and is rectified accordingly, as long as you have your CT.
Nonsense. There are only two ways your printout wouldn't match the register.
1. Scammers created a counterfeit certificate and used the counterfeit to sell your property. 2. Scammers stole your printout, used it to sell your property, and then returned your printout.
In either case, your printout will no longer match the official record which is stored electronically at the land titles office.
The new owner will hold the only valid certificate, which will be a perfect mirror of the state of title held electronically.
And your old printout is worthless.
You might be able to get some compensation after a lengthy court battle, but you won't get your home back because title is indefeasible and the new buyer is the rightful owner.
Get a mortgage over the property if you want to protect yourself from this outcome. Then it can't be sold without the bank's permission.
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