Conveyancing transactions involve the sale and purchase of property. In most transactions, the seller will end their existing mortgage and the buyer will begin a new mortgage over the property. The seller’s mortgagee (such as their bank) will present the certificate of title to the property. The buyer’s lender or bank will then take this certificate of title once the settlement is complete. With the introduction of e-Conveyancing comes the electronic Certificate of Title or e-CT. The e-CT and the concept of Control of the Right to Deal (CORD) replaces the traditional paper certificate of title in certain states and territories. In this article, we will explain how an e-CT works.

Control of the Right to Deal (CORD)

If a property owner takes out a mortgage, the lender or bank will be noted on the Certificate of Title. This shows that the bank has control of the right to deal with the land until the property owner releases or repays the mortgage. With electronic settlements, the land titles office may issue an e-CT to the bank or lender instead of a paper certificate, depending on the state or territory. On the e-CT, it will state who holds the Control of the Right to Deal (CORD).

For example, the e-CT may state: “CONTROL OF THE RIGHT TO DEAL IS HELD BY WESTPAC”. In this example, Westpac holds the CORD. Therefore, Westpac must give consent before another person or company can register their interest in the property.

Granting CORD Holder Consent

An electronic document called a CORD Holder Consent is required each time a CORD Holder grants their consent to another registration on the e-CT. This document is prepared, digitally signed and lodged electronically by the CORD Holder or their representative using the Property Exchange Australia platform (PEXA). To do so, the CORD Holder must have the details about the registration and the parties involved in the transaction. The CORD Holder must specify this information on the CORD Holder Consent. There are three different types of CORD Holder Consent depending on the circumstances. 

1. Transacting Party Consent

The CORD Holder uses this consent document where they are involved in the transaction and they are giving up their right to control the land. For example, if a person took out a mortgage with a bank, the bank would use this form when the person finishes with their mortgage.

2. Third Party Consent

This consent document is used where the CORD Holder is not involved in the transaction but wants to keep their right to control the land. For example, the registration of a lease or second mortgage.

3. Conversion to No Certificate of Title

Banks or mortgagees can use this consent document to convert a paper certificate of title to an e-CT. It is a standalone document, so banks do not need to use any registration documents when lodging it on PEXA. 

To confirm that the CORD Holder Consent has been lodged correctly, it is recommended that all of the parties involved in the settlement should carry out a Certificate of Title inquiry at least three days before settlement.

Changing or Withdrawing CORD Holder Consent

CORD Holder Consent cannot be changed once it has been lodged in PEXA. However, the consent can be replaced as long as the documents have not been lodged for registration. It is possible to withdraw CORD Holder Consent. However, the CORD Holder must withdraw this manually (i.e. not electronically) and only where:

  • the transaction for which the consent was granted is not going to proceed; or
  • the CORD Holder Consent has been lodged for a paper settlement and then it is decided that an electronic settlement will occur using PEXA.

Benefits of an e-CT

There are many benefits in having an e-CT over a paper Certificate of Title including:

  • the promotion of e-Conveyancing or electronic settlements;
  • banks and lenders do not have to worry about losing their paper Certificate of Title;
  • it is cheaper to store and retrieve e-CTs compared to paper Certificate of Titles; and
  • there is increased security against fraudulent transactions

Key Takeaways

An e-CT and CORD Holder Consent replace the need for a paper-CT in a traditional settlement. Therefore, it is important that buyers and sellers that have a mortgage understands how these new systems work. If you have any questions about e-Conveyancing or e-CTs, you can contact LegalVision’s property lawyers on 1300 544 755 or fill out the form on this page.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Cameron Nicholls
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at

View Privacy Policy