QLD Caveat

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Larrydrh

Member
13 June 2020
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I have caveats on my property from judgements as directors guarantee, my bankruptcy has been discharged. What happens with the caveats as all the caveators were dealt with in the bankruptcy. I am a joint owner with my wife with a mortgage and little or no equity.
 

Rob Legat - SBPL

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16 February 2017
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In your circumstances I think you’ll have to lodge a Form 14 General Request (to remove caveat), with attached evidence demonstrating that there is no longer a caveatable interest in the property. If you own it jointly, I’m somewhat surprised the Registrar of Titles allowed it to be placed on title in the first place.
 

Larrydrh

Member
13 June 2020
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Is there costs involved in lodging form 14 and can I send a request to see if the caveats are removable
 

Rob Legat - SBPL

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If it’s a lapsed caveat - free. If not $192 lodgement fee per caveat. Determining which it is would take some investigation.

And I’m not sure what you mean by ‘send a request’, but it’s unlikely the titles office will tell you if it is removable. You’re going to have to provide them with evidence to support your contention.
 

Nige123

Active Member
30 April 2020
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You’re going to have to provide them with evidence to support your contention.
this part surprises me... some years ago when I was dealing with caveats you just had to lodge the form to challenge the caveat and it was up to the person that lodged it to prove it. otherwise it was removed by default. That was WA tho.
 
Last edited:

Rob Legat - SBPL

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Yes, that’s usually the case (sort of). A caveat lodged without consent in Queensland can be lapsed if the caveat or doesn’t commence legal proceedings. However, since you have mentioned a judgement is involved, it’s possible that that is no longer the case. See my previous post.