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wtm0325
post Aug 1 2011, 02:49 PM


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QUOTE(dariofoo @ Jul 30 2011, 05:32 PM)
Penalty if you cancel - there might be some processing fees which you have to pay. If you have doubts, call the banker and inform them not to appoint a solicitor to do your loan doc yet. Let your file sit at the bank first. Once they appoint a lawyer, the loan doc process will start and if you back out then, you would need to pay legal fees to the lawyer for work done.

So, keep updating your banker.
You can sleep at the back of your Alza  nod.gif

smile.gif
*
Alza is to put my daily kachang like toothbrush, toothpaste, bucket, clothes etc I sleep at road side then tongue.gif tongue.gif tongue.gif

Thank you so much dario, you are very helpful notworthy.gif notworthy.gif notworthy.gif

TSdariofoo
post Aug 1 2011, 02:58 PM

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QUOTE(ycngjack1 @ Aug 1 2011, 02:45 PM)
Soli i mean the loa agreement and also snp can sign on bank place instead of lawyer firm
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Loan agreement and SPA and all documents ought to be signed before a lawyer at a law firm, and not at a bank.

Unless you feel that you just want to save time and don't feel the need to make a trip to see the lawyer to ask or pose any questions regarding the whole transaction, then go ahead and just sign it at the Bank. Otherwise, the proper way is to do it before a lawyer. icon_rolleyes.gif
TSdariofoo
post Aug 1 2011, 03:00 PM

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QUOTE(wtm0325 @ Aug 1 2011, 02:49 PM)
Alza is to put my daily kachang like toothbrush, toothpaste, bucket, clothes etc I sleep at road side then  tongue.gif  tongue.gif  tongue.gif

Thank you so much dario, you are very helpful  notworthy.gif  notworthy.gif  notworthy.gif
*
Haha. Cheers cheers.gif
Togepy
post Aug 1 2011, 04:17 PM

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Hi dario, may i know what are the procedures left after my lawyer got the letter which needs 25 days to process from the seller's government loan?

Is the letter the last document needed from the seller's loan or there are still others which i have to wait for?


TSdariofoo
post Aug 1 2011, 05:07 PM

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QUOTE(Togepy @ Aug 1 2011, 04:17 PM)
Hi dario, may i know what are the procedures left after my lawyer got the letter which needs 25 days to process from the seller's government loan?
Is the letter the last document needed from the seller's loan or there are still others which i have to wait for?
*
Sorry what letter are you referring to which needs 25 days? Got a copy? hmm.gif
Togepy
post Aug 1 2011, 05:37 PM

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err, i also not sure... i think should be this

Soalan:
Berapa lamakah tempoh yang diambil untuk mendapat kelulusan menjual harta?

Jawapan:
Surat Kelulusan menjual harta dan penyata baki hutang akan dikeluarkan dalam tempoh 25 hari bekerja

because from what i understand from my lawyer and from seller's lawyer, should be this letter as they said it is written in the official website that it takes 25 days to process the letter.
Assume that it is this letter, then what are the procedures left until my bank release the loan amount.
kyle9
post Aug 1 2011, 05:46 PM

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Hi,

i have some question regarding my case.

1) pay 2% booking
2) sign letter of offer from bank
3) pay 8% and sign S&P, owner sign 1 week later.

the lawyer told me she need get the DOA from developer b4 the S&P able to get stamp and able to proceed further (preparing EPF withdrawal docs etc)

Is it true?

Thanks
daph84
post Aug 1 2011, 09:58 PM

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Dario, what are the documents shall be prepared after the settlement of the loan facilities? (with title). I know Discharge of Charge, but i did not see the column for chargor's signature? Only the bank will sign on it? then what other documents will be signed by the chargor?
rekaniaga
post Aug 1 2011, 10:21 PM

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QUOTE(dariofoo @ Jul 29 2011, 11:47 PM)
You shouldn't have done that. That means you've agreed to a variation of the agreement to incorporate a clause imposing a penalty. A variation to the terms of the contract can be by way of conduct as well. How do you want to go around it? Do you want to term it as advance payment?  hmm.gif How many months 'penalty' did you pay? Is it a substantial amount?
You go back on the terms of the agreement. Don't be confused. Earlier I said that you can't refer back to the agreement. However, those terms are not applicable as it takes effect throughout the existence of the tenancy. The terms in relation to return of deposit only takes effect upon the expiration of the tenancy, so it is still applicable in these circumstances.

You just draft a simple letter referring to the clause and demand the deposit back. Keep it simple. If still no news then you need to see a lawyer to draft out a legal letter of demand (LOD). Alternatively, you can see a lawyer now itself to send out a LOD without the need for you to send one. You have a good case, don't worry. Surely the landlady will return the deposit to you by hook or by crook. She just needs a bit of 'persuasion'.

Good luck ya.  icon_rolleyes.gif
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How much it will cost me to ask for the letter of demand from the lawyer?

quinnie
post Aug 2 2011, 10:42 AM

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I had purchased a unit of low cost apartment at Saujana Putra Puchong last year July 2010 from Jayasuria Associates office located at USJ 16/2F. I bought this house suppose come with renovation package. But till now the the person in charge Mr. Chua still haven start renovation for my house. Bank already released all the payment to Mr. Chua last year December 2010.
I asked Mr. Chua to give me the money for renovation i will do the renovation myself since already delayed for almost 1 year. He promised to refund to me RM15k early July 2011, but there was empty promise. I were chasing him everyday, he also asked me to collect at his office, but when i reached there, all go back already. I really need advise.

kmf165
post Aug 2 2011, 11:21 AM

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Hi dario,

How's day?

I am in the middle of refinance. Possible if you can drafty tell how is the process flow in between banks and lawyer from after signing the offer letter till the end?

I called the lawyer can told that they waiting release of money from current bank to ex-loan bank. What next actually?

From what I can find out.
1. Sign letter offer and legal doc
2. Ex-bank issue confirmation letter on how much my is balance
3. Current bank pay my balance in ex-bank
4. ....
5. ....
10. I got $$$ from refinancing in bank. tongue.gif


Thanks for your time.
TSdariofoo
post Aug 2 2011, 12:26 PM

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QUOTE(Togepy @ Aug 1 2011, 05:37 PM)
err, i also not sure... i think should be this

Soalan:
Berapa lamakah tempoh yang diambil untuk mendapat kelulusan menjual harta?

Jawapan:
Surat Kelulusan menjual harta dan penyata baki hutang akan dikeluarkan dalam tempoh 25 hari bekerja

because from what i understand from my lawyer and from seller's lawyer, should be this letter as they said it is written in the official website that it takes 25 days to process the letter.
Assume that it is this letter, then what are the procedures left until my bank release the loan amount.
*
I see. That would be the redemption statement from MOF. Well, the next step would be the advise for drawdown from your loan lawyer to the bank to issue a cheque, releasing part of the loan to redeem the seller's loan. In between, the purchaser has to make sure that he has paid the differential sum (if not taking 90% loan) and that he has deposited the stamp duty in the lawyer's client's account.

On your side, make sure that all assessment and maintenance/service charge has been paid and the CTC of the receipt has been sent to the loan lawyer, as the bank would insist that the vendor's outgoings be cleared before drawdown.
TSdariofoo
post Aug 2 2011, 12:30 PM

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QUOTE(kyle9 @ Aug 1 2011, 05:46 PM)
Hi,

i have some question regarding my case.

1) pay 2% booking
2) sign letter of offer from bank
3) pay 8% and sign S&P, owner sign 1 week later.

the lawyer told me she need get the DOA from developer b4 the S&P able to get stamp and able to proceed further (preparing EPF withdrawal docs etc)

Is it true?

Thanks
*
DOA from developer? Perhaps she meant letter of confirmation. If it is letter of confirmation they yes, that doc is very important. If there are any amendments to be made to the contents, it ought to be made before it is dated and stamped. You would also need that document for your EPF withdrawal.
TSdariofoo
post Aug 2 2011, 12:36 PM

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QUOTE(daph84 @ Aug 1 2011, 09:58 PM)
Dario, what are the documents shall be prepared after the settlement of the loan facilities? (with title). I know Discharge of Charge, but i did not see the column for chargor's signature? Only the bank will sign on it? then what other documents will be signed by the chargor?
*
Yes it is only for the bank to sign. There's nothing for the chargor to sign, basically. Perhaps the bank might have a release letter for you to acknowledge, but that depends on the bank. If you've appointed a lawyer the original documents - title, ori SPA, discharge of charge (Form 16N), etc, will be handed back to you.

icon_rolleyes.gif
TSdariofoo
post Aug 2 2011, 12:39 PM

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QUOTE(rekaniaga @ Aug 1 2011, 10:21 PM)
How much it will cost me to ask for the letter of demand from the lawyer?
*
Different firm, different fees. There's no fixed scale. Some as cheap as RM50, some as expensive as RM500.
TSdariofoo
post Aug 2 2011, 12:42 PM

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QUOTE(quinnie @ Aug 2 2011, 10:42 AM)
I had purchased a unit of low cost apartment at Saujana Putra Puchong last year July 2010 from Jayasuria Associates office located at USJ 16/2F. I bought this house suppose come with renovation package. But till now the the person in charge Mr. Chua still haven start renovation for my house. Bank already released all the payment to Mr. Chua last year December 2010.
I asked Mr. Chua to give me the money for renovation i will do the renovation myself since already delayed for almost 1 year. He promised to refund to me RM15k early July 2011, but there was empty promise. I were chasing him everyday, he also asked me to collect at his office, but when i reached there, all go back already. I really need advise.
*
Goodness. Well you can write officially to him and ask for a refund. If he still plays hardball then get a lawyer to send him an LOD. Claim for interest upon the RM15K from Dec 2010 also. But interest not much la. The law has been amended. Used to be 8%/annum but now only 4%.
TSdariofoo
post Aug 2 2011, 12:50 PM

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QUOTE(kmf165 @ Aug 2 2011, 11:21 AM)
Hi dario,

How's day?

I am in the middle of refinance. Possible if you can drafty tell how is the process flow in between banks and lawyer from after signing the offer letter till the end?

I called the lawyer can told that they waiting release of money from current bank to ex-loan bank. What next actually?

From what I can find out.
1. Sign letter offer and legal doc
2. Ex-bank issue confirmation letter on how much my is balance
3. Current bank pay my balance in ex-bank
4. ....
5. ....
10. I got $$$ from refinancing in bank. tongue.gif
Thanks for your time.
*
Hey bro,

How't things?

Day was busy busy busy. smile.gif

Here you go. I started from No.4 onwards:

1. Sign letter offer and legal doc
2. Ex-bank issue confirmation letter on how much my is balance
3. Current bank pay my balance in ex-bank (and forwards Deed of RnR for execution)
4. Ex-bank returns original docs to current bank with Deed of RnR.
5. Stamping of Deed of RnR
6. Revocation of PA
7. Submission of FA, new DOA and new PA for adjudication
8. Payment of stamp duty for FA, new DOA and new PA for adjudication
9. Registration of new PA in Court
10.Notice of assignment to Developer
11. Lawyer advises bank to drawdown (release balance loan sum).
12. You get $$$ from refinancing in bank


This post has been edited by dariofoo: Aug 2 2011, 03:31 PM
kmf165
post Aug 2 2011, 02:10 PM

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QUOTE(dariofoo @ Aug 2 2011, 12:50 PM)
Hey bro,

How't things?

Day was busy busy busy.  smile.gif

Here you go. I started from No.4 onwards:

1. Sign letter offer and legal doc
2. Ex-bank issue confirmation letter on how much my is balance
3. Current bank pay my balance in ex-bank (and forwards Deed of RnR for execution)
4. Ex-bank returns original docs to current bank with Deed of RnR.
5. Stamping of Deed of RnR
6. Revocation of PA
7. Submission of FA, new DOA and new PA  for adjudication
8. Payment of stamp duty for FA, new DOA and new PA  for adjudication
9. Registration of new PA in Court
10.Notice of assignment to Developer
11. Lawyer advises bank to drawdown (release balance loan sum).
12. You get $$$ from refinancing in bank
10. I got $$$ from refinancing in bank. tongue.gif
*
Hi bro, its also call a BBB mode hor? haha.

Hmmm, didnt realized that it have more steps to process. So from your listed, 6 - 12, tentatively how long it goes? It was a month since I signed.

Thanks for your helps.

TSdariofoo
post Aug 2 2011, 03:33 PM

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QUOTE(kmf165 @ Aug 2 2011, 02:10 PM)
Hi bro, its also call a BBB mode hor? haha.
*
laugh.gif nod.gif

QUOTE(kmf165 @ Aug 2 2011, 02:10 PM)
Hmmm, didnt realized that it have more steps to process. So from your listed, 6 - 12, tentatively how long it goes? It was a month since I signed.
*
Give it another month should be able to complete. Just keep in touch with your lawyer maybe once a week to see how progress.
kmf165
post Aug 2 2011, 04:31 PM

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Orite taikor, thanks a lot! notworthy.gif

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