I am Requesting All Documents Held By Vic DELWP For Volume 11457 Folio 391
Dear Victorian Department of Environment, Land, Water and Planning,
under the Freedom of Information Act 1982 (FOI Act)
i am requesting copies all documents held electronically and/or on file dating all the way back to November 2015 til current,that relate to or contain 1 or all of the details
Volume 11457 folio 391
Hau Thi Nguyen
dynofab 94 632 211 835
loan application numbers
000800053NSS
Yours faithfully,
Hau
Hi,
If you are seeking information about the land title of the property, this information is available outside of the freedom of information (FOI) process. Further information is available at the following website: https://www.propertyandlandtitles.vic.go...
If you wish to proceed with your FOI request could you please provide further information as to the documents sought to allow us to conduct searches in the most relevant area of the department. For example, are you seeking documents relating to a planning matter at that address, documents relating to a heritage application or documents relating to an adverse possession claim at that property.
Please also note that the Freedom of Information Act 1982, requires the payment of an application fee unless payment would cause financial hardship. The current application fee is $29.60.
If you wish to proceed with your request, please complete and return the attached payment form or provide information about how payment of the application fee would cause you financial hardship, including evidence such as a copy of a healthcare or pension card.
Alternately, FOI requests can be lodged online and payment of the fee made by credit card at the following website: https://online.foi.vic.gov.au/foi/reques...
Please also note additional charges may be made for the time taken to search for documents in relation to a request. Search time is charged at the rate of $22.20 per hour. Any photocopied documents are charged at the rate of 20 cents for each A4 size page. If the fees are likely to exceed $50.00 then we will contact you again to provide you with an estimate of the likely charges and seek your views on continuing or amending your request.
I can be contacted on the below telephone number or by email if you need to discuss further.
Regards,
Stuart
Stuart Atkins, Manager FOI & Privacy, Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 15, 8 Nicholson Street. East Melbourne, Victoria
Mailing address: PO Box 500, East Melbourne Vic 8002
T: (03) 9637 8331 | E: [email address]
Dear Foi Unit (DELWP),
I shouldn't have to pay for documents which are part of DEWLP and pertain to protocol and policies.
which documents outline the role DEWLP plays in holding the title for the bank that has an Encumbrance listed on the mortgage.
Which documents outline the role DEWLP plays with regards to the eCT
It seems to me that DEWLP only needs the Banks word to uphold the right to hold title
That sounds reasonable I'm happy to pay provided you have what I'm looking for
this is what I have purchased online
*REGISTER SEARCH STATEMENT (Title Search) Transfer of
Land Act 1958
*section 45 transfer
*T2 covenant
*section 74 mortgage
*section 22 subdivision
What I need is
* Memorandum of common provisions AA816 pertaining to section 74 mortgage correct me if I am wrong but that should been provided at the signing of that section 74 and it was not made available
*I am after the document(s) that contain a power of attorney clause in order for the bank or pexa subscriber to have authority to sign on behalf of the registered owner.
*a copy of the original mortgage note with the endorsement/indorsement
*the isin/cusip number of the pooled note containing this note once it become part of a special purpose vehicle/entity
* or any other document used as authority to act for client.
Yours sincerely,
steven
Our ref: FI/03/4879
Dear Steven,
Enquiries have been made with Land Use Victoria (the relevant area of the
department who manage land titles) who have provided the following
responses to each point of your request:
1. Memorandum of common provisions AA816 pertaining to section 74
mortgage correct me if I am wrong but that should been provided at
the signing of that section 74 and it was not made available.
These documents are publicly searchable and therefore not available
through the Freedom of Information process. They can be accessed by going
to the website
[1]https://www.propertyandlandtitles.vic.go...
2. I am after the document(s) that contain a power of attorney clause
in order for the bank or pexa subscriber to have authority to sign on
behalf of the registered owner –
Land Use Victoria would not possess any documents relevant to this point.
3. a copy of the original mortgage note with the
endorsement/indorsement.
These documents are publicly searchable and therefore not available
through the Freedom of Information process. They can be accessed by going
to the website
[2]https://www.propertyandlandtitles.vic.go...
Land Use Victoria can be contacted on telephone (03) 9194 0601 if you
require any assistance is searching for documents that are publicly
available.
4. the isin/cusip number of the pooled note containing this note once
it become part of a special purpose vehicle/entity
In order for Land Use Victoria to conduct a search, they would require
further clarification as to the document sought.
5. or any other document used as authority to act for client.
Land Use Victoria would not possess any documents relevant to this point.
If you wish to proceed with your FOI request in relation to point 4, could
you please complete and return the previously provided payment form,
together with further information about point 4 that would allow us to
search for the document requested. If you wish to make payment by credit
card, payment can be made at the following website:
[3]https://online.foi.vic.gov.au/foi/reques...
I can be contacted on the number below if I can be of any further
assistance in relation to your FOI request.
Regards,
Stuart
Stuart Atkins, Manager FOI & Privacy, Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
Level 15, 8 Nicholson Street. East Melbourne, Victoria
Mailing address: PO Box 500, East Melbourne Vic 8002
T: (03) 9637 8331 | E: [email address]
Dear Victorian Department of Environment, Land, Water and Planning,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Victorian Department of Environment, Land, Water and Planning's handling of my FOI request 'I am Requesting All Documents Held By Vic DELWP For Volume 11457 Folio 391'.
The DELWP is holding the title our property and refuses to disclose the documents that give the DELWP the right to hold the title, if the bank has committed fraud or made an administrative and cannot provide the lawful documents to prove it's lawful standing then the DELWP has no right to withhold information especially information concerning our own property.
I have already purchased all the documents that the DELWP suggested and only one contained information relevant to my request, the DELWP claims the bank holds the documents that give the DELWP the authority to hold the title?
The bank has a registered mortgage which has altered dates and this mortgage was obtained by deception, the title represents our equity in the property, it is our liquid cash which is further reinforced by the 1906 bills of exchange act, "the definition of a title is currency"
who in their right mind would agree for the banks to hold this equity and list it as it own asset if this was disclosed to owner of the equity.
The registered owner/s have the right to any relevant information or document concerning property that they have a financial interest in, the fact that DELWP is refusing the request leads me to believe they are deliberately denying us our right.
If the DELWP claims the bank holds the documents that allow the DELWP to hold the title then how does the DELWP know they have the right to hold the title, if they don't hold the documents they have no authority to hold the title but if the DELWP hold the documents, then why cant the owners have a copy?
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/i...
Yours faithfully,
steven
Our ref: FI/03/4879
Dear Steven,
As previously advised in my letter of 11 October 2019, if you wish to make an FOI request for documents that are not publicly available, then you can lodge your FOI request at the following website where you will be required to pay the application fee of $29.60.
https://online.foi.vic.gov.au/foi/reques...
If you wish to raise your issues directly with Land Use Victoria, its contact details can be found here:
https://www.propertyandlandtitles.vic.go...
Regards,
Stuart
Stuart Atkins, Manager FOI & Privacy, Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
PO Box 500, East Melbourne Vic 8002
T: (03) 9637 8331 | E: [email address]
Dear Stuart B Atkins (DELWP),
is the DELWP claiming that it has lawful jurisdiction to hold the owners title and equity if the DELWP is making that claim then the burden of proof lies with the one making the claim
The law doesn't expect one undertake the burden to prove something doesn't exist
the owners name is on that title, it belongs to the one listed as proprietary owner if you refuse to hand over that property then you need to give just cause and provide evidence of your claim to hold the property, if you do not hold the original documents.
Yours sincerely,
steven
Dear Steven,
I have forwarded your email to the relevant area of the department, being Land Use Victoria for their consideration.
If you wish to make further enquiries directly with Land Use Victoria, its contact details can be found here:
https://www.propertyandlandtitles.vic.go...
Regards,
Stuart
Stuart Atkins, Manager FOI & Privacy, Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
PO Box 500, East Melbourne Vic 8002
T: (03) 7022 6530 | E: [email address]
Hi Steven,
Could you please provide me with a contact phone number so that someone from Land Use Victoria can contact you directly to answer your questions.
Regards,
Stuart
Stuart Atkins, Manager FOI & Privacy, Legal and Governance Division
Corporate Services | Department of Environment, Land, Water and Planning
PO Box 500, East Melbourne Vic 8002
T: (03) 7022 6530 | E: [email address]