Application for Registration and Revision Procedures

Transcription

1 Application for Registration and Revision Procedures Relevant LRA Sections 18, 37, 46 Relevant LRA Admin Reg Sections 9, 10, 11, 13, 15, 17 Relevant Forms AFR: 6, 31 AFR Bundle: 4, 5, 8, 23, 29 For More Information on the AFR Process To Do the AFR Tutorial Application for Registration Roles: Lawyer: Lawyers must be authorized to certify title to the land registration system. An authorized lawyer is a lawyer who Has practicing insured status, Has the required amount of liability insurance (as set by the NSBS), Has taken the required educational program as mandated and presented by the NSBS, Has been certified as eligible by the NSBS (see also definitions in the Land Registration Administration Regulations), and Has entered into a Property Online Authorized Lawyer User Agreement with the Minister of Service Nova Scotia and Municipal Relations and been issued a user name and two passwords (General Use Password and Private Password). The authorized lawyer will ensure that all requirements of the Land Registration Act and Regulations are met and proper procedures are followed during the submission of the draft and pre-approved AFR, as well as other land registration processes. The authorized lawyer is the only person permitted to submit the final approved AFR, using the private password provided by the government. Lawyer s Assistant: The lawyer s staff (property assistants) may assist with the following tasks related to the Application for Registration. Prepare the AFR work sheet from the information the lawyer has gleaned from the title search. Submit the draft AFR for pre-approval by the registry staff (only lawyer may submit the final pre-approved AFR). Prepare associated standard forms and the AFR bundle for approval and submission by the lawyer. Prepare standard forms and documents for approval and submission by the lawyer in subsequent transfers in the land registration system. Document # 19 /July

2 Title Searcher: The Title Searcher does the title search and prepares the title abstract for the parcel(s) being converted. Land Registration Office Staff: Land Registration Office staff will ensure that proper process and procedure are followed for AFR pre-approval, land registration parcel register creation and the subsequent revision. 1.1 AFR Process Steps: 1. Where the person applying to register (convert) the parcel is the buyer, the buyer s lawyer obtains the seller s authorization to permit the buyer to register the parcel in the seller s name. Where the person applying to register (convert) the parcel is the seller, the seller s lawyer does the conversion for the seller prior to the sale. 2. The title search is received and or/completed. 3. Optional but recommended: The information from the title search is transferred to the abstract summary sheet, which is a helpful tool to give the lawyer s assistant directions on how to complete the AFR. 4. The applicant s lawyer or the lawyer s assistant prepares the draft AFR for submission (the General Use Password is shared by the assistant and the lawyer to allow the assistant to prepare the worksheet and submit the draft AFR; the lawyer s Private Password is required to submit final AFR). Note: the AFR draft may be started before the PDCA is submitted, but the AFR draft cannot be submitted prior to the PDCA being approved. 5. A comment in the comment field of the AFR is required if: a) There is a more recent conveyance document against the parcel on Property Online than the last conveyance document stated on the AFR. b) The owner on the AFR is not the same as the owner on Property Online. c) Mailing addresses of interest holders are noted as unknown. d) Any other information, which may facilitate the process. 6. Optional: When draft AFR is ready for submission, the applicant s lawyer may cause a sub-search to be completed, via real-time search of the Grantor-Grantee Index (GGI). (This sub-search must be done at the final submission of the pre-approved AFR - the system check on the certification date and time is done only on submission of pre-approved AFR.) Document # 19 /July

3 7. The lawyer or assistant submits the draft AFR for pre-approval in the seller s name. 8. Once the draft AFR has been submitted it will appear in the AFRs Submitted for Pre- Approval table at the bottom of the AFR Worksheet Area. 9. Staff reviews the draft AFR for pre-approval comparing the AFR document and interest information to the information contained in Property Online. The staff person does not accept the draft AFR when: a) There is a more recent conveyance document against the parcel in Property Online than the owner-enabling instrument stated on the AFR for that PID or the ownerenabling instrument on the AFR is not present at all on the PID in Property Online, and no explanation is provided in the AFR comments field. b) The owner on the AFR is not the same as the owner on Property Online and there is no acknowledgement of this difference in the AFR comment field. c) All benefits and burdens that appear in the certified parcel description do not appear on the draft AFR and there is no comments noting that the PDCA will be amended to reflect the AFR. d) All benefits and burdens that appear on the AFR are not in the certified description and there is no comment noting that the PDCA will be amended to reflect the AFR. e) The instrument type or interest type is different from that shown in Property Online and the draft AFR does not include a comment from the lawyer explaining the difference. f) are placed in an incorrect category on the AFR. 10. If the draft is successfully submitted, the draft AFR is frozen/locked as submitted and may not be changed by staff or lawyer without being unlocked and resubmitted for preapproval. 11. If staff advises the lawyer if the draft AFR is not approved, the draft AFR is put back on the lawyer s worksheet in draft mode and the lawyer must edit the draft AFR for resubmission. 12. If the staff advises the lawyer that the draft AFR is pre-approved and the lawyer is ready to close the transaction, the lawyer does an online sub-search. Note: The online sub-search must be completed within 10 minutes of the submission of the final AFR. The lawyer then updates the certification time the time that is placed in the field by the lawyer must be within 10 minutes of the submission of the final AFR. Remember to press the update button after you update your certification date and time and before you submit. If the certification date is not within 10 minutes of the final AFR submit time, a system error will appear, asking the lawyer to update their search to within 10 minutes of the submit time. Document # 19 /July

4 13. If the sub-search identifies an outstanding interest, which must be added to the preapproved AFR, the lawyer must unlock the pre-approved AFR, which will change the status back to in process. The lawyer then adds the interest and once again re-submits the draft AFR for pre-approval. Note: Document numbers and Book and Page Numbers must be input on the AFR for previously recorded instruments that relate to registered and recorded interests that are noted on the AFR. Searchers need to put document numbers as well as Book and Page numbers on the abstract to facilitate this, unless the document has been scanned, and no Book and Page number has been assigned by the system. If the GGI has an arbitrary document number that was assigned during data conversion, use the document number and book and page from the actual document if possible. Staff will reconcile this during the draft AFR approval. 14. If the sub-search is clear and the lawyer is ready to submit the final pre-approved AFR, the lawyer updates the certification time and presses submit. [See note in step 12 regarding submission time.] 15. As soon as the pre-approved AFR is successfully submitted by the lawyer and placed in the land registration system queue: a. The parcel register is created and updated to reflect the contents of the AFR, b. The system s confirmation of registration and a snapshot of the parcel register to the applicant s lawyer and this notice is posted on the Property Online notification screen. Confirmation of registration time is set at the time the preapproved AFR was placed in the queue by the lawyer, c. The Section 43 notice is placed in the GGI by the system as notice that the parcel has been converted to the land registration system (includes the certification date and time); by section 44 of the LRA, the Registry Act ceases to apply to the parcel. 16. Pre-approval of the AFR allows the lawyer to complete the closing at the same time as the pre-approved AFR is being submitted electronically. 17. Lawyers can continue the same closing practice they had pre LRA. As noted above, a subsearch will be done prior to closing (coinciding with the submission of the pre-approved AFR.) Then the deed is registered, as was done under the Registry Act, however, a Request to Revise the Registration and Certificate of Legal Effect (Form 24) accompanies the deed. 18. No time gap exists between submission of the pre-approved AFR, creation of the Section 43 notice and the creation of the parcel register, so any land registration documents submitted at the Land Registration Office after submission of the pre-approved AFR will be updated by staff on the parcel register in order of filing. Document # 19 /July

5 19. Within 15 business days of the final submission of the AFR, the applicant s lawyer submits the bundle of documents related to migration of parcel. See AFR Bundle Processing Steps below. 1.2 Placing Certain on the AFR The table below provides a guideline as to where and how to represent particular interests on the AFR: Interest or Instrument Type Easement Benefit (Owner of parcel being converted is benefiting from an easement over another parcel(s)) Easement Burden (Parcel being converted is subject to an easement which benefits an interest holder or another parcel) Assignment of Any Interest (e.g. Mortgage): When you have a valid interest (such as a mortgage) on a parcel and the interest has been assigned Where In Appurtenances/ Benefits (Enterprise subscreen) In Burdens/ Qualifications In Recorded How Enter Together with an Easement Benefit as the interest holder in the Enterprise sub-screen. Use interest holder type Easement/ Right of Way Holder (Benefit). Enter the particulars for the document, which created the interest (e.g. the last conveyance document). In addition, the servient tenement PID may be entered in the enterprise sub screen to flag the related parcel. Enter the name of the interest holder if the easement benefits a utility (e.g. NSPI, Town of Truro). Enter the dominant tenement PID(s) if the easement benefits a particular parcel or parcels, rather than entering the name of the parcel owners. 1. Enter the original interest (e.g. mortgage) as an enterprise or individual, depending on the interest holder. 2. Instead of placing the name of the interest holder (e.g. mortgagee) in the name field, input Interest Assigned" as the interest holder. Put all the other relevant information in the recorded interests subscreen such as bk/pg, document number, interest type, etc for the original interest/mortgage. 3. Place the assignment of mortgage (interest) in the AFR as an enterprise owner in the recorded interests subscreen as well, placing the bank or individual that the mortgage was assigned to in the name field. Interest Type would be assignee. Put all the other relevant information in the recorded interests subscreen such as bk/pg, document number, interest type, etc for the assignment. This way the parcel register will still contain the original interest/mortgage, which must be there but will not show the original interest holder/mortgagee as having an interest in the parcel. The new bank's interest will be in the parcel register enabled by the assignment. Document # 19 /July

6 Interest or Instrument Type Assumption of Mortgage Orderly Payment of Debts Judgment Estates of the Deceased for Wills Executed Prior to October 1, 2001 Estates of the Deceased for Wills Executed on or after to October 1, 2001 Intestate Estates: No Petition Where the death took place before Oct 1, 2001 Intestate Estates: No Petition Where the death took place on or after October 1, 2001 Intestate Estate: Surviving Spouse Elects to Receive the House Where In Recorded In Recorded In Registered and Recorded Enterprise Owner as In Registered or Enterprise Owner as In Registered Enterprise owners as In Registered In Registered (Individual) How For Assumptions, the grantor of the interest changes, not the interest holder, so both instruments must be in the parcel register with the same interest holder. You must have the mortgage and the assumption both on the AFR. If a conversion is subject to an OPD Judgment, the interest holder can be named as "OPD Creditors" instead of listing all the creditors in the document. The user has to look at the document anyway to get all the information they need (e.g. the AC #) and some of these judgments listed could already be in the judgment roll. If the parcel is being converted in the name of the Estate of a deceased person place the deceased person s name in the Individual Registered Owner sub-screen with a Qualifier Estate of and place the executor, trustee or administrator in the Recorded section in the Individual or Enterprise sub-screen (as with the appropriate qualifier. Place the name of the deceased person in the Individual Registered Owner sub-screen with a Qualifier Estate of and add the name of the personal representative (executor or trustee) as an owner in the Individual Registered Owner or Enterprise Registered Owner sub-screen (as with the appropriate qualifier. A foundation document must be recorded in the Registry of Deeds listing the heirs at law. Enter the heirs at law as the registered owners and use the foundation document as the enabling instrument. A petition for administration must be completed and a Grant of Administration used as the enabling instrument. Place the name of the deceased person in the Individual Registered Owner sub-screen with a Qualifier Estate of and add the name of the personal representative (administrator/trustee) as an owner in the Individual Registered Owner or Enterprise Registered Owner subscreen (as with the appropriate qualifier. The election is recorded in the Registry of Deeds with a Form 44 and the surviving spouse is shown as a registered owner on the AFR with the election as the enabling instrument. Document # 19 /July

7 Interest or Instrument Type Partial Satisfaction of Judgment Restrictive Covenants Security Interest on an Easement Where In Recorded In Burdens/ Qualifications In Recorded How If the title being converted is subject to the judgment and the partial release of judgment (releasing the judgment from the particular parcel being converted) cannot be recorded in the traditional registry before the title to the parcel is raised, submit the final AFR with the judgment on it (the creditor being the recorded interest holder). To release the judgment from the parcel register, record the Partial Satisfaction with a Form 48 to release the judgment creditor s interest from the parcel and to request that the Partial Release be recorded in the Judgment roll as notice that it was partially released. If the partial satisfaction (releasing the judgment from the particular parcel being converted) is recorded in the traditional registry before the AFR is submitted for that parcel, the judgment would not have to be included on the AFR at all. Restrictive Covenants are placed in the Burdens/Qualifications screen. The interest type is Covenant Holder (Burden). The enabling instrument for the restrictive covenants must contain the full text of the restrictive covenants (e.g. the original deed from the developer). If the last conveyance document is used, it must contain the full text of the restrictive covenants. The interest holder is Subject to Restrictive Covenants. The pipeline forms an interest (easement) in the parcel but that easement is mortgaged via a debenture. The security interest is not against the fee simple interest; it is against the easement. Use the instrument type Debenture for the document and show the interest type as Easement Security Interest 1.3 Common Back Title: Rather than providing a complete abstract of title, an authorized lawyer may refer to a common back title in an abstract of title that is filed in support of an Application for Registration for a parcel [Registrar General Directive # ]. This can be done if: 1) The lawyer or lawyer s firm has previously filed the common back title in support of an opinion of title pursuant to the Act and Regulations for a parcel that has been registered pursuant to the Act and regulations; Document # 19 /July

8 2) The front title cross references the common back title by noting the relevant AFR Bundle Number for the previously registered parcel; and 3) The front title commences with the most recent document in the common back title and notes the location of that document in the abstract of title for the previously registered parcel. 1.4 Revision Process Steps (see also detailed Revision Procedures): 1. Lawyer prepares deed and Request to Revise the Registration and Certificate of Legal Effect (Form 24). 2. Staff reviews the Request to Revise the Registration and Certificate of Legal Effect (Form 24). 3. If there are problems with the document that prevent its registration, staff will either call the lawyer to resolve the issues or not accept the revision, depending on the nature of the problem. 4. The revision will not be accepted when: a. Any or all required forms are missing b. There is missing, incomplete, or inaccurate information on the Request to Revise the Registration of a Parcel or the Direction to Revise the Registration of a Parcel which are defined by the LRA as being required. c. The owner on the revision is not the same as the grantee on the document attached. d. The Grantor on the revision document does not match the current owner on the parcel register e. A Notice of Request to Revise already exists on the parcel register (and the 30- day period has not expired). 5. Once the deed is accepted, staff revises the parcel register based on the Request to Revise Form and the Certificate of Legal Effect. 6. The submitter receives a receipt at the front counter as their proof of submission of an LR document and the documents are listed in the Documents In Process screen within Property Online. Changes related to the documents are not registered in the parcel register until the information is maintained in the parcel register by staff and the SRI is generated. This could be several days after the document is submitted and first listed in Documents in Process. Staff maintain priority sequence of documents submitted to the parcel register. If an LR document is rejected at the time that staff are processing the changes in the parcel register, the submitter will receive a rejection notice electronically and the document will be removed from the Documents in Process screen. Document # 19 /July

9 7. When the register is revised, the system s a Statement of Registered and Recorded (SRI) as confirmation of registration. 1.5 AFR Bundle Processing Steps: 1. Please refer to the AFR Bundle Checklist for a complete list of all items to check. 2. Most of the forms required for the AFR bundle must be completed well before the AFR is submitted. 3. The Applicant s lawyer is required to submit the bundle of documents related to the migration of a parcel to the land registration system within 15 business days after the final AFR has been submitted. 4. The Application for Registration Supporting Documents Cover Page (Form 23) is used to submit the bundle of supporting documents on a parcel that has been converted to the land registration system. 5. The following supporting documents are required to be included in the AFR bundle: a. Authorization to Submit Application for Registration (Form 4). Note: This may be a faxed copy if the authorized lawyer keeps the signed original on file for audit purposes. Note: Form 4 is only used when the buyer s lawyer is acting on behalf of the seller to do the PDCA or AFR. Note: in the case of a foreclosure, the borrower is shown as the registered owner enabled by the last conveyance document. The bank is shown as a recorded interest enabled by the foreclosure order. The mortgage does not have to be shown on the AFR, if the foreclosure sale has already taken place, but if it is, should be released when the register is revised with a Form 24 to the purchasers at the foreclosure sale. b. Abstract of Title c. Opinion of Title & Affidavit of Verification (Form 8) d. Owner s Declaration Re: Occupation of Parcel & Residency Status (Form 5). Note: This may be a faxed copy if the authorized lawyer keeps the signed original on file for audit purposes. This declaration may be sworn by an owner s personal representative, trustee or agent provided that the personal representative, trustee or agent is able to execute the declaration based on one of the following: o Information and belief based on discussions with the current or previous owner; or o Personal knowledge of the facts. Document # 19 /July

10 e. Copies of any remitted documents that accompany the bundle, but are not registered, recorded or filed pursuant to the Act or the Registry Act, for example: a. Quit Claim Deed b. Release of Mortgage f. Signed copy of the Statement of Registered and Recorded (Form 29) (This is the report which the system automatically sends to the lawyer when parcel register is created or updated and is not required if converting a tenant in common interest after the parcel has been converted to the new land registration system). 6. When the bundle arrives at the Land Registration Office, it will be given a Non-recorded instrument (NRI) number and the NRI number will be assigned to each of the PIDs on the Application for Registration Supporting Documents Cover Page. This reference number is viewable in the details view in POL. The bundle and cover page is filed in a secure place by NRI number. Notes: The AFR supporting documents contained in the bundle are confidential documents and are not available for public viewing. If the bundle does not arrive within the specified time or if the bundle is not complete, the Registrar General will be contacted. Bundle Arrived Flag on the Process AFR screen will be reconciled with date of conversion and a report can be requested for those over the time limit. Failure to comply with the AFR bundle requirements results in a $ processing fee, payable by the lawyer (not the client). SNSMR reserves the right to remove the authority of the lawyer to continue submitting documents, if the lawyer files documents late continuously. 1.6 Tenant in Common 1. If an authorized lawyer submits an application for registration of a tenant in common interest in a parcel that has not been registered pursuant to the Act, a. the unregistered parcel must be registered pursuant to the Act in the name of the tenant in common owner(s) to the extent of his/her/their ownership; b. the outstanding tenant in common interests that have not been registered pursuant to the Act must be shown in the parcel register as tenant in common interests not registered pursuant to the Act; c. the certified parcel description is deemed to be the legal description of the parcel for all outstanding tenant in common interests that have not been registered pursuant to the Act; and d. the authorized lawyer is considered to have made no opinion or representation concerning the tenant in common interests that have not been registered pursuant to the Act that are shown in the parcel register. Document # 19 /July

11 2. If a tenant in common interest in a registered parcel that has not been registered pursuant to the Act is sold for value, it must be registered by submitting a request to revise the registration and certificate of legal effect in Form 24 together with all the items referred to in subsection 37(4) of the Act and subsection 9(3), except the Form If a tenant in common interest in a registered parcel that has not been registered pursuant to the Act is transferred for no value, the transfer will be recorded in the parcel register using a Form Registration of Possessory Title If the paper owner of a parcel registers title to the parcel under the land registration system, a possessor may seek a court order confirming that they have possessory title to the parcel. This application to court must be made within the first 10 years after the parcel is registered. If the court confirms that the possessor has an interest in the entire registered parcel: 1. The claimant must submit a Form 24 together with a certified copy of the Court Order showing that the claimant is entitled to be shown as owner of the registered interest in the parcel. The Form 24 must be accompanied by the required filing fee to register the Order. 2. Upon receipt of the Form 24 and Order, the Registrar must update the parcel register in accordance with the form and order (including any relief by way of easement or otherwise); 3. The Registrar will notify the new and former owners of the registered interest in the parcel that the parcel register has been updated in accordance with the Court Order. If the court confirms that the possessor has an interest in a portion of a registered parcel 1. The court-ordered owner must submit: a. a request for PID assignment (with any plan used in the court case),. b. a PDCA, and c. an AFR to register the new parcel (including certified copy of the court order and prescribed fee in the AFR bundle - s.41 of the LRA). (See s.10 of the Land Registration Administration Regulations) 2. The registered owner of the remaining portion of the parcel must submit an amending PDCA to provide an updated certified legal description for his/her registered parcel. (See subsection 7(1) of the Land Registration Administration Regulations) 3. The lawyer receives system confirmation that the PDCA is in process or has been certified. Document # 19 /July