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All things avocado (thread); Thinking of giving up the smashed avo and coffee to buy a house?
Topic Started: 1 Jun 2017, 01:06 AM (15,869 Views)
Rat
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Filthy Rodent

Ex BP Golly
29 Jun 2017, 01:43 AM
That was all made up bullshit.
No, it was all 100% correct.

When the home is sold fraudulently to an innocent new buyer, then the new buyer has indefeasible title. That's what the principle of indefeasibility is all about.

Waving around the old printout of your title won't get your house back, because your printout no longer matches the register.

At best you can go to court and cross your fingers hoping for some compensation.

http://www.canberratimes.com.au/act-news/canberra-property-scam-victim-sues-government-for-compensation-20160623-gpqhwp.html
"A woman whose house and identity was stolen by overseas scammers has been forced to sue the government to retrieve her money...
The fraud stripped the victim of any right to the property, which was legally transferred to the innocent couple who bought the house...
Registered real estate purchases made in good faith are protected by the ACT Land Titles Act...
Even though her home was sold without her knowledge, the woman is not entitled to reclaim it"


http://www.watoday.com.au/wa-news/property-scams-continue-in-perth-20100921-15kwl.html
"Property scams continue in Perth
Mr Mildenhall can "apply to Landgate for a claim of the value of the property and the costs incurred in making that claim, or begin lengthy legal proceedings" for compensation."


I'll say it again Golly. When your home is sold fraudulently to an innocent buyer, you WILL NOT get the property back. It's gone. The new title is indefeasible.
Consumer protection laws extended to small businesses. Banks not permitted to repossess due to non-monetary defaults (for example, a fall in the property value).
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Ex BP Golly
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Rat
30 Jun 2017, 02:03 PM
No, it was all 100% correct.

When the home is sold fraudulently to an innocent new buyer, then the new buyer has indefeasible title. That's what the principle of indefeasibility is all about.

Waving around the old printout of your title won't get your house back, because your printout no longer matches the register.

At best you can go to court and cross your fingers hoping for some compensation.

http://www.canberratimes.com.au/act-news/canberra-property-scam-victim-sues-government-for-compensation-20160623-gpqhwp.html
"A woman whose house and identity was stolen by overseas scammers has been forced to sue the government to retrieve her money...
The fraud stripped the victim of any right to the property, which was legally transferred to the innocent couple who bought the house...
Registered real estate purchases made in good faith are protected by the ACT Land Titles Act...
Even though her home was sold without her knowledge, the woman is not entitled to reclaim it"


http://www.watoday.com.au/wa-news/property-scams-continue-in-perth-20100921-15kwl.html
"Property scams continue in Perth
Mr Mildenhall can "apply to Landgate for a claim of the value of the property and the costs incurred in making that claim, or begin lengthy legal proceedings" for compensation."


I'll say it again Golly. When your home is sold fraudulently to an innocent buyer, you WILL NOT get the property back. It's gone. The new title is indefeasible.
I'll say it again Shoddy, she didn't have her Certificate of Title.
Her deadbeat solicitor handed it over to the scammers.
WHAT WOULD EDDIE DO? MAAAATE!
Share a cot with Milton?
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Rat
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Filthy Rodent

Ex BP Golly
30 Jun 2017, 03:28 PM
Quote:
 
http://www.watoday.com.au/wa-news/property-scams-continue-in-perth-20100921-15kwl.html
"Property scams continue in Perth
Mr Mildenhall can "apply to Landgate for a claim of the value of the property and the costs incurred in making that claim, or begin lengthy legal proceedings" for compensation."

I'll say it again Golly. When your home is sold fraudulently to an innocent buyer, you WILL NOT get the property back. It's gone. The new title is indefeasible.
I'll say it again Shoddy, she didn't have her Certificate of Title.
Her deadbeat solicitor handed it over to the scammers.
The article doesn't say whether Mr Mildenhall had his printout, but it doesn't matter anyway. If the printout is stolen or counterfeited or a duplicate is printed then the property can be sold, the new buyer has indefeasible title, and the old printout is worthless. It doesn't matter if you 'retain possession of your printout' because that printout is worthless once the property has been sold to somebody else.
Edited by Rat, 30 Jun 2017, 03:59 PM.
Consumer protection laws extended to small businesses. Banks not permitted to repossess due to non-monetary defaults (for example, a fall in the property value).
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Ex BP Golly
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Rat
30 Jun 2017, 03:54 PM
. If the printout is stolen or counterfeited or a duplicate is printed then the property can be sold, the new buyer has indefeasible title, and the old printout is worthless. It doesn't matter if you 'retain possession of your printout' because that printout is worthless once the property has been sold to somebody else.
You can turn up with all the duplicates, counterfeits and print outs you want Shoddy, the house won't be sold to you.

You need the Certificate of Title.
WHAT WOULD EDDIE DO? MAAAATE!
Share a cot with Milton?
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Rat
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Filthy Rodent

Ex BP Golly
1 Jul 2017, 04:35 AM
You need the Certificate of Title.
Which the scammers will have when they do one of the following:

1. Steal yours
2. Steal your identity, say they've lost it, and get a new one from the titles office
3. Create a convincing forgery

And once the property is sold to someone else, your printout is worthless and you WILL NOT get your house back.

The new owner has indefeasible title.
Edited by Rat, 1 Jul 2017, 08:51 AM.
Consumer protection laws extended to small businesses. Banks not permitted to repossess due to non-monetary defaults (for example, a fall in the property value).
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Ex BP Golly
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Rat
1 Jul 2017, 08:50 AM
Which the scammers will have when they do one of the following:

1. Steal yours
2. Steal your identity, say they've lost it, and get a new one from the titles office
3. Create a convincing forgery

And once the property is sold to someone else, your printout is worthless and you WILL NOT get your house back.

The new owner has indefeasible title.
Only point 1 is correct, as I have always maintained.
WHAT WOULD EDDIE DO? MAAAATE!
Share a cot with Milton?
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Rat
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Filthy Rodent

Ex BP Golly
1 Jul 2017, 10:11 AM
Only point 1 is correct, as I have always maintained.
All points are correct.

http://rgdirections.lpi.nsw.gov.au/land_dealings/dealing_requirements/certificate_title/application_for_replacement_certificate_of_title/applicant_is_the_registered_proprietor_not_being_a_strata_or_community_title_scheme

"An application for replacement Certificate of Title form 12PV will be accepted if the certificate of title is lost, destroyed, damaged or laminated. "
Edited by Rat, 1 Jul 2017, 10:17 AM.
Consumer protection laws extended to small businesses. Banks not permitted to repossess due to non-monetary defaults (for example, a fall in the property value).
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