Conveyancing

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Customer Affairs Victoria has started legal action against Hans Richmond, 69, of Officer.
Customer Affairs Victoria alleges Mr Richmond breached Victoria's conveyancing laws by:
<ul>
<li>working as a conveyancer when he was not licensed, and</li>
<li>leading four consumers to believe he was licensed or authorised to run a conveyancing business. </li>
</ul>
<div>Customer Affairs Victoria alleges that Mr Richmond's offences took place between June 2016 and March 2018.</div>
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<div>The Business Licensing Authority cancelled Mr Richmond's licence in 2013. This was after he was found guilty of a disqualifying offence.</div>
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<div>The court action follows an earlier investigation, based on consumer complaints we received.</div>
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<div>The penalties for unlicensed conveyancing include up to two years’ jail or a fine of more than $39,000.</div>
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<div>The same consumers also allege Mr Richmond obtained more than $79,000 by deception from them. Customer Affairs Victoria referred these matters to Victoria Police, who are taking action against Mr Richmond in relation to them.</div>
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<div>The Dandenong Magistrates' Court will hear both matters.</div>
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<div>You can check a licensee’s current status on <a href="https://www.consumer.vic.gov.au/licensing-and-registration/conveyancers/public-register">Public register of licensed conveyancers page</a>. </div>
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Consumer Affairs Victoria starts legal action against Hans Richmond over conveyancing licence

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A Melbourne woman has faced court accused of passing herself off as a conveyancer to transfer property into her own name.
Marina Loprese, 56, is charged with 159 offences dating from 2015, including allegations she stole the title to a $2 million Black Rock property and made and used false documents to transfer it into her name.
The Derrimut woman's case came before Melbourne Magistrates' Court today, is also accused of making false documents including bank statements and lease agreements to obtain false mortgages from AET Corporate Trust and Advantage Financial Services.
Between March 2016 and May last year Loprese dishonestly obtained $1.526 million by deception, police allege.
It's alleged she falsely lodged exemptions with Victoria's State Revenue Office in the name of multiple conveyancing clients, allowing her to keep money paid to her by clients who intended the funds to cover the stamp duty on land transfers.
The consumer watchdog issued a public warning about Loprese, who also allegedly used the names Marina Dawson and Marina Dankovic, operating under the name Marina's Conveyancing.
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Alleged conveyancer Marina Loprese alleged to have stolen title to $2 million Black Rock property

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A Sydney couple in their 90s are the latest victim of conveyancing fraud.
The couple's $672,000 sales proceed were diverted into three different bank accounts by the fraudster as they capitalised on the flaws in the new world of e-conveyancing which seeks to avoid the perils of email phishing in the digital space. 
Digital platforms now allow property settlements to be completed electronically rather than with face to face paper documentation.
The fraud followed former <a href="https://www.urban.com.au/news/85714-masterchef-s-dani-venn-gets-funds-back-after-accusing-pexa-of-blackmail-after-conveyancing-scam" target="_blank">MasterChef contestant Dani Venn and her husband Chris Burgess</a> who were caught in a fraud involving $250,000 from the proceeds of their Melbourne home sale after a cyber criminal set up a false user account.
The e-conveyancer PEXA have since announced they will cover any lost funds for Dani and Chris and are introducing a new consumer guarantee for all transactions conducted on its platform.
It will also endeavour to provide greater safeguards to property buyers and sellers through the introduction of multi-factor verification.
The Sydney fraud involved the settlement last month of a $750,000 property sale where the proceeds were to go toward the vendor's nursing home needs.
Banks quickly froze the bulk of the funds, but not before the fraudsters transferred some to Thailand.
The scammers had the funds deposited into their accounts at ANZ, CBA and NAB after hacking the emails of the estate agent and conveyancers.
At this stage it is calculated the vendor will be $126,000 short after the banks get around to depositing the funds back to the vendor.
"We were frantically and immediately trying to find out where things went wrong," the victim's son advised.
"These funds are their life savings," he said.
It was found the hacker's email addresses embedded in the emails of both the estate agent and conveyancer.
It was reported to the police fraud department, but the vendor was told it was firstly a matter for the banks.
"We're assisting the conveyancers and lawyers who use our platform to uphold the highest possible security standards," James Ruddock, the acting PEXA CEO advised.
"We understand the importance of security to the industry as a whole, and as a result PEXA will be introducing a new consumer guarantee for transactions conducted on our platform."
"We know that buying and selling a home is an emotional time and understand the stress that can be felt when things don’t go to plan. "We clearly regret the distress felt by those impacted," Ruddock said. 
"These are extremely isolated incidents," he added.
But nearly 600 conveyancers have signed a petition to delay the rollout of Australia's new online property transfer platform after the breaches.
The electronic platform is owned by state governments and Australia's big banks.  
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Conveyancers seek delay the rollout of PEXA's new online property transfer platform after breaches

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The E-conveyancer PEXA have announced they are introducing a new consumer guarantee for transactions conducted on its platform.
It will provide greater safeguards to property buyers and sellers whose conveyancer or lawyer uses PEXA.
"We're assisting the conveyancers and lawyers who use our platform to uphold the highest possible security standards," James Ruddock, the acting CEO advised.
"We understand the importance of security to the industry as a whole, and as a result PEXA will be introducing a new consumer guarantee for transactions conducted on our platform.
Its anticipates the guarantee will go above and beyond any guarantee available in the paper-based settlement process. 
<a href="https://www.urban.com.au/news/85714-masterchef-s-dani-venn-gets-funds-back-after-accusing-pexa-of-blackmail-after-conveyancing-scam" target="_blank">Following an incident reported to PEXA</a> on 31 May, PEXA sped up existing plans to introduce multi-factor verification.
"When PEXA was alerted to a second incident, we immediately increased our monitoring of potential unusual activity surrounding password resets, new user creations and changes to BSB and account numbers," he noted.
"We know that buying and selling a home is an emotional time and understand the stress that can be felt when things don’t go to plan. "We clearly regret the distress felt by those impacted in these two recent events and will ensure all outstanding funds are covered, without condition," Ruddock said.
The fraudster appears to have gained access to a subscriber’s email account and intercepted a change of password email allowing them to change the subscriber’s password. This then allowed them to create a new user account which gave them access to the workspace where they changed the bank account details that had already been entered. 
When the subscriber returned to the workspace to complete the transaction they did not notice the account details had been changed and the transaction was completed with money transferred to the wrong account.
In addition to existing cyber security systems and processes, PEXA are assisting the conveyancers and lawyers by:
<ul>
<li>Reinforcing and strengthening existing scanning measures, including implementing daily monitoring in relation to password reset activity, new users and change of account details; including follow-up with our Members;</li>
<li>Creating new users in an “inactive” mode, meaning only PEXA can activate all new users on your behalf after confirming the new user with you;</li>
<li>Introducing Workspace time stamps so you can see who and when the Workspace was last updated; and</li>
<li>Introducing an additional verification layer upon sign-in.</li>
</ul>
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PEXA to introduce multi-factor verification to thwart conveyancing fraud 

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The Masterchef conveyancing fraud has put the PEXA conveyancing system in the spotlight.
It involved missing funds for a <a href="https://www.urban.com.au/news/85714-masterchef-s-dani-venn-gets-funds-back-after-accusing-pexa-of-blackmail-after-conveyancing-scam" target="_blank">Mornington Peninsula purchase</a> by the celebrity chef Dani Venn.
But PEXA was warned all clients of the new conveyancing system that the past fortnight has seen similar breaches in less publicised conveyancing matters.
While the PEXA system has not been breached, the contributing legal and estate agency parties appear highly vunerable under emerging e-conveyancing system.
PEXA suggest the fraudster appears to have gained access to a subscriber’s email account and intercepted a change of password email allowing them to change the subscriber’s password. This then allowed them to create a new user account which gave them access to the workspace where they changed the bank account details that had already been entered. 
When the subscriber returned to the workspace to complete the transaction they did not notice the account details had been changed and the transaction was completed with money transferred to the wrong account.
Property Observer understands there were two further serious frauds in May.
One was in mid-May, when a client lost about $700,000, and the other on May 31 when a client lost more than $1 million.
"It concerns me when Pexa claims the Masterchef scam story was/is one of a few 'isolated incidents'," a Sydney legal agent familiar with the frauds advised. 
He saw an amount of $672,000 scammed in a May 14 settlement on a $750,000 property sale. 
When no moneys were deposited in bank accounts by the 18th, the conveyancer realised the bank account details she received (ANZ,CBA,NAB) were not the same as the bank accounts that had been emailed to her, which were three NAB accounts. 
PEXA was immediately notified by the solicitor, then PEXA notified all banks to freeze the fraudulent bank accounts where $672,000 was deposited and distributed over the three unknown bank accounts.
The moneys in the CBA and NAB fraudsters accounts were not withdrawn with the funds now frozen.
This totalled $508,000.
The red tape the solicitor and the conveyancer have been going through with these banks to date "has been unbearably tedious, slow, lethargic and unprofessional to say the least."
The CBA advised the solicitor that the case was the first scam incident since PEXA introduced the electronic settlement system a few months ago.
CBA advised the bank was in the process of setting up internal procedures to protect/deal with, from potentially future such incidences, using this case as their prototype in their new system.
Accordingly they will only release the frozen moneys back to the vendor when they finish this process.
The fraudsters ANZ account had $165,000 deposited, but all these funds have been withdrawn over four transactions and transferred to accounts in Thailand.
Of these funds, $39,000 has since been recovered by the ANZ and returned to the solicitor's trust account.
The ANZ says they were not able to retrieve the rest, "end of case, end of story as far as they are concerned."
After the CBA and NAB finally reimburse/return the frozen funds, the vendor will be $126,000 short of the total $672,000 settlement moneys.
It is possible the conveyancer's computer was not necessarily the only one hacked or in fact where the hacking originated from.
"Frantically and immediately trying to find out where things went wrong," an IT expert scoured through emails and computer, and discovered, in the raw data of the emails that both the conveyancer's and real estate agent emails requesting the bank account details for settlement funds had both been hacked.
It was found the hacker's email addresses embedded in their emails.
"This hacker's email address is also being programmed so that when the reply button to these email requests (from both real estate and conveyancer) emails are redirected/diverted to the hackers email address, they in turn change the account details, keep the body of the email intact as the original email and forward it onto the conveyancer and real estate agents as though the emails are sent from the law agents, "so we are all, none the wiser."
The deposit funds saved from the hackers arose because the office receptionist was away and the real estate agent couldn't get into the computer.
Instead the bank account details were sent via sms, and the moneys were promptly deposited into the correct account on settlement day.
"Had the office girl been at work that day, the $65,000 would have been destined to yet another of the hackers bank accounts," they concluded.
All this was reported to the police fraud dept on May 19, but the vendor was told, verbally and over the phone, "to let it roll with/via the solicitors and if I still have a problem after that, to come back to the Police."
These funds were destined for nursing home requirements.
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PEXA warning as NSW conveyancing fraud funds end up in Thailand

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Former MasterChef contestant Dani Venn and her husband Chris Burgess had fears some $250,000 from the proceeds of their home sale had been lost, through their conveyancing which was utilising PEXA, Australia's new online property transfer system. 
Property Exchange Australia (PEXA) has come out and advised the PEXA system wasn't hacked. 
However the company, whose platform allows financial settlements to be completed electronically, has announced however that they have "begun work developing additional alerts and processes to further enhance security in the system."
The money was stolen from their conveyancer's PEXA account with a cyber criminal setting up a false user.
The conveyancer was transferring the funds to their bank account to complete the settlement for the new property, however the money was taken by a hacker who hacked into the conveyancer’s email account, pressing the ‘forgot password’ button, intercepting the email to create a new password, logging in and unbeknown to the conveyancer created a new user.
The hacker changed the bank details to their bank account. 
PEXA initially claimed that they were not liable for a hacker compromising the workspace of a user’s account and that they have a two-step verification process.
The Venn's had just sold their Melbourne home, with a move to the Mornington Peninsula on the horizon.
Venn said it was always their dream to live near the sea.
They moved out of their old house on June 22 and a day later Venn posted to Facebook to say they had 12 days to come up with around $120,000 or lose $80,000 house deposit for their new home and more.
"We are living every family's worst nightmare", Venn told Fairfax Media which featured her plight on the front page of The Age.
Dani and the kids moved in with her mother, while Chris slept in a caravan. 
"We were told that our money had been stolen and redirected to a CBA account, the CBA were informed by PEXA and froze that money.
"We were told that the ‘funds had been frozen’ but the CBA would not put in writing that this was the case.
"We were made to believe our money was recoverable. It was not until the CBA made our conveyancer sign an indemnity form, wiping their hands of all responsibility, that they told us a few minutes before our new property was due to be settled on Wednesday that approx $107,000 was missing and was unrecoverable.
"We’ve never experienced anything like this feeling, total utter heartbreak and disgust in the system we have trusted in all our lives and a government that is supposed to protect us from ever being in a situation like this."
Venn started a GoFundMe page in an ambitious attempt to recoup $120,000 before they defaulted on their new purchase.
Titled Hacked out of home, the page raised over $15,000 in one day of posting.
Donations have slowed and the page has seen $16,981 given by 72 people.
<a href="https://www.2gb.com/masterchef-stars-dream-a-complete-nightmare-as-hackers-steal-thousands/" target="_blank">Tonight speaking with 2GB's Ross Greenwood</a>, Dani said PEXA had last Friday attempted to “blackmail” her and her husband into accepting a loan on condition that she didn’t criticise them after she indicated she'd be taking the story public to the media.
Since Dani’s story also aired on A Current Affair, PEXA has agreed to pay the full amount that was stolen.
"This is the only sensible decision that PEXA could have made and it beggars belief that it took pressure from ACA to achieve it," ACA host Tracey Grimshaw said.
Venn told Greenwood it was a terrifying experience, adding that over the past week funds had been progressively recovered amounts including $59,000 this afternoon so that not as much was missing.
“You can’t ever describe it.
“It’s just this sick pit in your stomach, you feel angry and frustrated, disappointed in the system you’ve only put faith in your whole life.
“Most people have worked so hard to get a house deposit in the first place and you just feel your whole life savings ripped from underneath you through no fault of your own.
“What was worrying was that there was no alert to notify our conveyancer there was a new user on his system.”
Richard Smith, founder of specialist insurtech Edmund Cyber Insurance, said real estate agents underestimate the threat of cyber crime.
“The threat to real estate agents is the same as it is for larger businesses, but unfortunately, many of them under-estimate it”, Smith said.
“The concern is that criminals are now directly targeting real estate agents and there are a number of reasons why, including the perception that they are easier to attack, because their security policies are not robust or sophisticated.”
The big four banks, state governments and Macquarie Group are all shareholders in PEXA.
There had been plans for a $1.1 billion sharemarket listing but The Australian DataRoom column has suggested the prospect of listing has faded. 
PEXA, who have been approached for comment, had previously said the hacking incident won't affect any mooted plans.
 
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Masterchef's Dani Venn pries funds back after accusing PEXA of blackmail after conveyancing scam

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Moody's Investors Service says that Sympli, the joint venture between ASX Limited and InfoTrack - a wholly owned subsidiary of Australian Technology Innovators Pty Limited - will, subject to regulatory approval, provide the first seamless and fully integrated solution for online conveyancing services in Australia. 
"The venture will not just rival PEXA, the current sole electronic lodgement network operator in the country, but will become the first company in Australia to replace the whole paper-based property settlement process with digital services," says Shawn Xiong, a Moody's Analyst. 
Moody's explains that while PEXA currently monopolizes the last settlement stage of the conveyancing process, the InfoTrack-ASX venture will provide digital services for the entire conveyancing process. 
Over the next two years, Moody's expects that the move online will mostly benefit PEXA because of its first-mover advantage. 
But Sympli will benefit from InfoTrack's existing market position and relationships in the Australian conveyancing market, as well as its legal and technological capabilities, particularly its smart contract technology.
This situation, combined with ASX's significant experience and existing infrastructure in providing integrated electronic settlement services, will create a one-stop solution for industry practitioners.
"As a result, Sympli should win market share over time," Moody's concluded
The shift to electronic from paper-based settlements in the Australian conveyancing industry presented an unprecedented opportunity for digital-based property services providers such as the InfoTrack-ASX venture, adds Xiong. 
Moody's analysis is contained in its recent report Property Services — Australia: InfoTrack and ASX venture to drive competition in electronic property services.
It was co-authored by Xiong with Trung Vu, a Moody's Associate Analyst. 
ASX and InfoTrack announced the establishment of Sympli, a 50:50 joint venture that will provide electronic property settlement services likely starting at the end of 2018. 
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/MOODYS%201.jpg" alt="">
Moody's points out that the property services industry is fragmented, with industry players serving only parts of the conveyancing process. 
Meanwhile, most state governments — including Western Australia (WA), New South Wales (NSW), South Australia and Victoria (VIC) — have committed to transitioning the property industry to a paperless environment.
And, mandates are in place in WA, NSW and VIC to push all transactions online by December 2017, July and August 2019, respectively. 
<a href="https://www.propertyobserver.com.au/images/2018/6/8/MOODYS%202.jpg" target="_blank">Click here to enlarge:</a>
<a href="https://www.propertyobserver.com.au/images/2018/6/8/MOODYS%202.jpg" target="_blank" style="font-size: 12.16px;"> </a><img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/6/8/MOODYS%202.jpg" alt="" style="font-size: 12.16px;">
Moody's says that service providers with a large reliance on traditional information brokerage and manual property settlements — such as SAI Global Holdings — will likely struggle to grow in light of the new competition.
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Moody's praises Sympli, the new online conveyancing service

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Australian property industry practitioners stand to benefit from substantial financial gains the faster the industry transitions to e-Conveyancing, according to a new Deloitte Access Economics report.
The independent analysis estimates the Australian conveyancing industry could receive benefit of $89 million per annum if a digitised lodgement and settlement process achieves 100 per cent uptake in 2021-22.
The report also analysed the experience of practitioners currently and found that the estimated benefit to practitioners in the 2016-17 financial year was $3 million, with 2 per cent of practitioner lodgements completed on the PEXA platform.
Costs are predicted to fall substantially as practitioner uptake increases and achieves e-conveyancing’s ‘network effect’.
According to the study, a major contributor to practitioners’ costs was duplication of work across paper and electronic processes. This occurs when one side of the transaction does not use the electronic system, meaning all parties must revert to paper processing.
John O’Mahony, Partner, Deloitte Access Economics, said the new report highlights the potential benefits to the property industry of embracing digital disruption:
“The report finds e-conveyancing has favourable outcomes for the conveyancing industry. However, it is clear that practitioners are currently unable to realise the full efficiencies of digital settlement under the dual paper and electronic process. Once all practitioners are using the system, the industry will be able to better capture the efficiency gains and resulting benefits.”
The report also revealed e-conveyancing has reduced the frequency of delayed settlements, easing a major source of stress for Australian consumers.
PEXA CEO Marcus Price said it’s good to finally see the financial benefits of e-Conveyancing flowing through.
“Consumers have had access to a fast, safe and efficient settlement process through PEXA for sometime now so it’s good to see the final phase – the financial benefits – begin to flow through,” Price said.
“Some of the benefits accessible today include near real-time access to the proceeds of sale for the vendor, or interest recognised on title immediately for the purchaser – a process that often takes weeks in the manual world.
"Importantly, consumers have greater certainty that their settlement will proceed as scheduled – a vast improvement on error-prone manual processes. The flow on financial benefits represent the next phase in the evolution of digital property settlements.”
PEXA is now doing close to 25 per cent of all practitioner land lodgement nationally - a sizable lift on the 2 per cent reported, indicating the speed at which the industry is transforming.
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Error prone settlements lessen despite speed after digitisation of property transactions

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Cheques are so yesterday, and even the hallowed institution, the Reserve Bank of Australia has acknowledged their coming demise.
Paper cheques could perhaps even soon warrant a historical feature alongside the shillings, pence and pounds currency display at the RBA's Martin Place headquarters.
In 1980 cheques made up 85% of all non-cash payments.
Fast-forward to 2016, cheques made up about 1% of the number of non-cash payments, and about 7% of the value of such payments, said the RBA bulletin.
Cheques have long been integral in buying property - both the deposit at the weekend auction, plus the full amount on settlement.
Last year financial institution cheques made up only 9% of the number of cheques written, but accounted for over half of the value of cheques given pricey property acquisitions and related transactions such as the payment of stamp duty. 
The bank produced a chart which shows the issuance of cheques closely correlated with property market transactions. 
These financial institution cheques are also often used for the private sales of cars and are also still used widely for rental bonds. 
Recently, Macquarie Bank announced it was testing a DEFT Auction Pay system that allows buyers to pay their deposit electronically.
The new system allows buyers to do away with the chequebook at auctions when paying a deposit.
Electronic conveyancing is coming too.
The number of settlements transacted is still moderate in the paperless conveyancing scheme, and much relates to refinancing rather than property sales.
The paperless push is lead by GlobalX CEO Peter Maloney who recently noted almost $40 billion worth of property transactions have gone through the platform.
There were around 20,000 PEXA-related property settlements, including refinancing, in the March quarter 2017, some three years into the scheme, Reserve Bank data shows.
This compares with about 120,000 sales transactions in the national housing market in the same period.
The New South Wales government has a commitment to a complete digital property exchange by July 2019, though lawyers and conveyancers are proving to be the biggest roadblock, a recent survey by legal search provider InfoTrack found.
“The results are disappointing and clearly demonstrate that lawyers in the real estate sector must overcome their long-held resistance to new technologies,” says InfoTrack chief executive John Ahern.
The traditional paper-based systems are set to be replaced by the PEXA electronic conveyancing system – currently the only e-conveyancing system available for use in Australia - which appears to has to date failed to attract significant industry support due to concerns over its security, cost and efficiency.
There ought be enormous time and cost efficiencies in moving to digital platforms, however currently entrenched 19th century thinking is costing consumers. 
The NSW Legislative Impact Study indicated that a 13-year uptake period was expected.
This article first appeared in The Daily Telegraph.
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Cheque-ing in on the state of paper property transactions

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GUEST OBSERVER
Australian buyers are living beyond their means and overcapitalising on property purchases in a desperate attempt to enter the market.
New research by GlobalX notes 67 percent of conveyancers and property lawyers believe buyers are overcapitalising and leaving themselves at significant risk, with 60 percent warning Australia is experiencing a property bubble.
While the steady increase of land and property value in recent years had kept buyers optimistic for positive returns – the sector had become increasingly wary about the long-term stability of continued growth.
Housing affordability is a generational problem in Australia and, with 65 percent of respondents indicting housing is now unaffordable for Australia’s middle class, we need to look at ways to rectify this escalating issue.
One recently proposed solution that has caused great debate is the suggestion that young Australians should be able to dip into their superannuation for property investment.
Like the political divide, the industry is also split on this issue, with 54 percent of conveyancers and property lawyers disagreeing with the proposal, and almost 46 percent championing the idea.
There is no one solution that will suit everyone’s agenda, desires and position on this, so we need to focus on ways to reduce overinvestment to avoid devastation and crippling debt if – and/or when – the property bubble bursts.
When looking to overseas investment as an indicator of increased competition and higher pricing, 42 pe cent of conveyancers and legal professionals believe the level of foreign investment will increase.
We also asked whether Australia should ban foreign investment to help ease housing pressure and received some polarising results.
Around 47 percent of respondents wanted to see foreign investment restricted, while 52 percent did not see a ban as a viable solution.
Despite these concerns, new CoreLogic data suggests performance in Australia’s regional housing markets will remain mixed but is expected to cool across the board from 2018 onwards.
Industry professionals were eagerly awaiting the next Federal Budget to see how the government would respond on this issue.
New South Wales has been vocal in its support of addressing this issue and we are now waiting to see how this will be addressed on a federal level, or by other state parliaments.
 
Peter Maloney is chief executive officer, GlobalX and can be contacted <a href="https://globalx.com.au" target="_blank">here</a>.
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