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Over the last 12 months two of the Lots in my Scheme have been sold. In neither case did I receive a Section 118 certificate advising the details of the new Mortgagee of the property. Having not received this and therefore being unable to record that information on the Strata Roll, the next time I need to do a Section 109 certificate on that Lot, I would be doing so without mention of a mortgage on the property and thus making a false declaration. Note: the notices referred to above refer to the NSW Act.
I have always assumed that the Solicitors involved in the settlement should provide that information as part of the settlement of the sale but one has told me that the new Mortgagee should be the ones to issue that. Who is right?
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