One of the first things you will need to know if you want to apply for a replacement deed poll is whether you must have a statutory declaration. Unless it is stated on your notice that you do not need such a document, it must be provided. Statutory declarations are formal documents that declare who is entitled to the property under the deed poll. You must supply one if you wish to apply for a replacement deed poll. Statutory declarations cannot be produced if you are applying with an agent.
The next item in the sequence to learn to apply for a replacement deed poll is when exactly you must apply. If you wish to replace your current name with that of another person, you must apply at the same time as they do. If you apply before other people have an opportunity, they will automatically have up to 14 days to apply for a replacement deed poll without having to submit the necessary statutory declaration.
If you apply for a replacement deed poll using an agent, you cannot be sure whether they will use the statutory declarations. Some agents will not take the initiative and file the necessary documents. Others may be enthusiastic about filling out the forms but cannot fill them out because they are unaware of the statutory declaration requirements. Either way, you should be prepared to provide a statutory declaration if asked to do so by your agent.
If you apply for a replacement deed poll on your own, you have a little more leeway. You can still fill out the proper statutory declarations but you might be more hesitant to provide other people with your details. For instance, if you are replacing your current landowner, you can talk with the landowner and find out what they feel is necessary to have on their record. Once they agree, you can fill out the appropriate forms and send it out with a check for the correct amount, including any applicable taxes.
The next step in how to apply for a replacement deed poll is to send off the relevant paperwork. Most counties will require you to fill out a statutory declaration. This is very straightforward and you should not have a problem completing it. There will be one section in particular that you must complete and that is the section that asks you to identify any liens or encumbrances that you hold on the property.
If you hold another lien, this is not necessary but it is advisable to list it here. In most counties this information is found on the back of your deed, so you should not have to hunt too hard to find it. On your application form, you will need to identify your new name and new ownership. You will also have to include any existing liens you still have to the new owner’s name.
The new name should be followed by the word “REPLACER”. It should be followed again by the current name of the previous client and then, in addition, the word “LICER”. This should be done on the top of the new owner’s name line. You should be sure that you submit all these forms by the due date. Many counties will not process the application until all these documents are received.
Once all of these documents are submitted, it should be possible to apply for a replacement deed for most counties. The next step is to wait a few weeks to a month and see if your property gets the replacement it deserves. If it does, that’s great – if it doesn’t, you’ll have to go back to court and request a court hearing to determine the validity of the new ownership. You can find more details about how to apply for a replacement deed for your property in our previous article. Please keep in mind that this process is very easy to complete and there is no reason why you should not apply for a deed of this value immediately.