eConveyancing Update Permanent Committee on the Cadastre 21-06-2013 eConveyancing Project Team Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland Agenda eConveyancing and eRegistration eConveyancing: Definition Role of the Legal Profession Problems with the Current Process Law Reform Commission BearingPoint Report Law Society eVision eConveyancing: Developments to Date Benefits of eConveyancing Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 2 eConveyancing and eRegistration eConveyancing e-Registration eRegistration e-Lodgement eLodgement Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 3 eConveyancing: Definition Paperless (dematerialisation) Validation of Authorised Parties Viewing material online All material transmitted through a central electronic Hub or workspace Secure Transparent Land registration Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 4 Law Society Law Society formally welcomed the Law Reform Commission BearingPoint Report eConveyancing: Modelling of the Irish Conveyancing System and agreed that the Law Society ‘has a vital role to play in improving the conveyancing processes and educating its members in new processes and practices’ (page 119 BearingPoint Appendix) Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 5 Role of the Legal Profession Solicitors’ profession must be fully engaged with the process in order to play a key role in the delivery of eConveyancing services so as to provide a more efficient, value for money, transparent service to our clients and thus enhance the unique role of the solicitor in the process. Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 6 Problems with the current conveyancing process Process is complex Lacks transparency across process/groups No universal standard documentation Very paper based Delays are inherent Information spread over wide group and many locations No uniform IT standard/usage – some good/very bad Weakest link holds everybody back Legislation is complex – outdated and requiring reform Culture/tradition – conservative/delay accepted as part of process Education/training – limited consumer understanding of process can cause delays - also within other stakeholder groups Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 7 LRC BearingPoint Report Diagram of Proposed Model Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 8 eVision: Summary of Principles Title by Registration eConveyancing – not eRegistration Buyer Beware to Vendor Disclosure ePlanning Register Personal Tax Regime Electronic Loan/Mortgage Real-Time Money Transfer Electronic Workspace/Hub Electronic Contract Digital Signatures Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 9 eConveyancing: Developments to Date 2005 – 2008 09/12/2011 July 2008 26/03/2011 May 2008 28/08/2010 June 2007 · · Law Society publishes Back to Basic Principles – ‘eVision’ Registration of Deeds and Title Act 2006 enacted · · PRA convenes eRegistration Project Board PRA launches EULIS service 25/06/2009 March 2007 05/01/2009 September 2006 25/04/2008 April 2006 · · · · · LRC Stakeholder seminar on eConveyancing Law Society welcomes the LRC BearingPoint report LRC publishes BearingPoint report on eConveyancing PRA launches landdirect.ie service Law Society completes IT survey of legal profession · Law Society launches eConveyancing Task Force 20/05/2007 February 2006 06/09/2006 November 2005 Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 10 eConveyancing: Developments to Date 2009 – 2010 06/05/2012 August 2010 03/06/2010 February 2010 07/03/2010 January 2010 · · PRA completes digital mapping with the digitisation of all registered boundaries Registry of Deeds available online to landdirect.ie account holders 26/07/2009 December 2009 · · · Compulsory first registration extended to all counties (except Dublin and Cork) Land Certificates and Certificates of Charge ceased to have effect PRA launches Phase 1(b) of eRegistration – eCharging Orders · · · · Land and Conveyancing Law Reform Act 2009 enacted Over 150 pre-1922 statutes repealed or re-enacted into a modern format Land Registry folios converted to digital format Irish Institute of Surveyors convenes Inter Professional Task Force on property boundaries. · · PRA launches Phase 1(a) of eRegistration – eDischarges Law Society and IMC agree streamlined procedures – QeD process for redemption figures, title documents and discharge/vacate 26/02/2009 October 2009 05/12/2008 April 2009 06/07/2008 March 2009 Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 11 eConveyancing: Developments to Date 2011 – 2013 01/09/2012 May 2013 19/02/2012 April 2013 08/08/2011 March 2013 25/01/2011 November 2012 20/07/2012 August 2012 01/05/2012 June 2012 11/02/2012 March 2012 03/09/2011 January 2012 01/07/2011 November 2011 04/04/2011 June 2011 19/11/2010 January 2011 · · · · Roll-out of eRegistration by the Property Registration Authority Publication of the National Payments Plan by the Central Bank Appointment of lender programme manager Engagement with Government re legislative change to enable eConveyancing · · · Detailed mapping of proposed eConveyancing process in progress Solicitor and lender surveys conducted identifying current process inefficiencies Discovery phase affirms that eConveyancing is an achievable goal and highlights where barriers to implementation exist · · · · · Joint stakeholder workshops identifying key future processes and benefits eConveyancing Programme Board and Steering Group established Compulsory first registration extended to Dublin and Cork Revenue introduces mandatory electronic payment & filing of stamp duty eRegistration Project Board decides next phase of eRegistration Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 12 Benefits of eConveyancing Reduction/elimination of risks, costs & inefficiencies of manual, non-standard processes. Reduction in duplication with intelligent forms and validation. Secure and faster communication channels to stakeholders. Enhanced productivity by enabling easier and faster access to important information. Elimination of paper documentation (and deeds) and associated costs. Reduced end-to-end conveyancing cycle times. Rapid registration of mortgage as a first legal charge and backed by good title. Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 13 Benefits of eConveyancing eHub Trust a/c and Disbursement Schedule reduces risk by ensuring strict allocation of funds – vendor’s mortgage, stamp duty, registration fees etc. Fully transparent, auditable, verifiable controls & reporting. Improved process analysis and data metrics to better evaluate effectiveness of regulatory compliance and risk mitigation. Reduction in risk of fraud and errors. Faster, transparent and more predictable conveyancing experience. Improved collaboration between lenders and solicitors during the conveyancing process. More efficient delivery of service to the consumer. Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 14 Contact Details Liam Barrett eConveyancing Project Manager l.barrett@lawsociety.ie Eamonn Freyne Solicitor eConveyancing Project e.freyne@lawsociety.ie Close Sale Confidential Not to be copied or distributed without express written consent of the Law Society of Ireland 15