What is eCT Control, and Why Does My Bank Hold it on My Cleared Title?

So, you’ve paid off your mortgage—congratulations! But when you perform a title search to check the status of your land title, there it is: your bank still holds something called “eCT Control.” If you thought paying off your loan meant complete freedom, this little detail might feel like a surprise plot twist. 

Here’s a breakdown of what eCT Control is, why your bank still has it, and what it means for your land title.

What is eCT Control?

The eCT Control refers to the party that holds control of the electronic Certificate of Title (eCT), as indicated on the Title Search (otherwise known as the 'Register Search Statement', or RSS).

Subscribers to an Electronic Lodgement Network (ELN), such as Property Exchange Australia (PEXA), may hold eCT Control. These subscribers must be authorised entities, like banks, solicitors, or conveyancers. Alternatively, the eCT Control may be held by the Registrar. Certain government bodies and statutory authorities are also permitted to hold eCT Control.

Only subscribers to an ELN can perform actions related to eCT Control, such as lodging or removing a caveat, lodging or discharging a mortgage, and receiving or relinquishing eCT Control.

Why Does My Bank Still Have eCT Control?

When you first took out a mortgage, your bank was registered on the title as holding a secured interest in the property. This gave the bank a legal interest in your property until the loan was fully repaid. As part of this process, the bank also took on eCT Control to protect its interest, ensuring that the title couldn’t be transferred or altered without its knowledge. In other words, holding eCT Control allowed the bank to make sure you couldn't do anything too drastic—like selling your property—without first paying off the mortgage.

Now, you might be thinking, “But I’ve paid it off! Why does the bank still hold eCT Control?” Excellent question! When a mortgage is discharged, it’s common for the bank to retain eCT Control simply because there hasn’t been a prompt to release it. Think of it as a “lingering” effect of the mortgage process.

How Do I Get eCT Control Back?

In Victoria, individual property owners cannot hold eCT Control themselves. Since only subscribers to an ELN have access to the system, they’re the only ones able to directly control or manage an eCT.  

If your bank still holds eCT Control post-mortgage and you don’t want them to, you can request the transfer of eCT Control to someone else on your behalf, such as a licensed conveyancer or a solicitor. Contact your bank to formally request (in writing) that they transfer control, and they will action your request.

If you don’t have a conveyancer or a solicitor, you may decide to transfer control to the Registrar of Titles. The third option is to just leave it with the bank. 

Why Does eCT Control Matter?

Determining who has eCT Control is a matter of principle. eCT Control is like the last loose end in your journey to complete property freedom from your bank. 

If you are feeling disempowered and you’re looking to regain a sense of control over your land title, I’m here to help. While eCT Control itself is limited to subscribers of an ELN, I can talk to you in more detail about your options, and answer your questions about each one. 

Feel free to contact me at info@landtitlehelp.com, or call or text me on 0421 617 232 for a free consultation.

Please note: The information in this article is general in nature and does not constitute legal advice.