A party has Control of the Right to Deal (CoRD) when that party has authority to consent to the registration of a subsequent interest in land, e.g. a second mortgage, lease or plan.
Evidence of CoRD is either:
- legitimate possession of the paper certificate of title (CT) or
- an eCT on the land title where the mortgagee has elected not to hold a CT.
For more information see Evidence of CoRD page.
Paper CTs are not compatible with electronic lodgment. A PEXA subscriber lodges a CoRD Holder Consent to substitute lodging the CT with an electronic case.
A CoRD Holder Consent requires specific details of the current CT to be provided, including:
- edition number
- date of issue and
- Certificate Authentication Code (CAC) if the edition date is after 1 January 2004.
Restrictions for unencumbered land titles
Certificates of Title that issued prior to 1 January 2004 do not include security features, in particular the Certificate Authentication Code (CAC), which is a randomly generated number for each CT.
Accordingly, NSW LRS requires unencumbered CTs (ie, titles with no mortgage) that issued prior to 1 January 2004 to be produced with an E-Transaction Production Receipt at the NSW LRS Production Counter before the transaction can proceed in PEXA. There is no production fee payable in this instance. The production receipt number is then entered in the CoRD Holder Consent- see Advice of CT Production.
Encumbered land is one with at least one registered mortgage. Encumbered non-CAC CTs can be used for electronic transactions because they are considered a low security risk. A mortgage must have been registered prior to 1 January 2004 (over 12 years ago) and any fraud against the land should have been discovered in this time.