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Fazab
post Oct 3 2011, 03:27 PM

On my way
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Senior Member
519 posts

Joined: Jun 2011


Hi must appreciated if can get some advice.

I just accompanied a friend to sign her loan documents. She is the very careful type (actually reads before signing) and she is a bit confused by two things

She purchased a prop from developer, with following conditions : Dev will pay S & P legal fees if (i) use their lawyer (ii) use their panel banks (iii) loan documents also done by same lawyer
The prop has indivdual title already, so MOT same time

S & P already signed, and She accepted an Islamic Loan from a bank.

Two things she wasn't sure :
(1) Lawyer asked her to sign a letter saying that that she agree the lawyer (i) will represent the bank (ii) but fees are paid by her (iii) in the event of dispute, lawyer will act for the bank (she has to find another lawyer to act for her)

Is this normal? (i don't remember doing this the last time I signed my own documents)

(2) Her Islamic loan is a new variety - the Musyarakah type. So she want to know things like how much to pay if early settlement etc.
But she was ask to sign a document where the schedule of payment etc. are all left blank. According to the lawyer, the bank's instructions are to leave everything blank and just get the borrower to sign.

Is that safe to sign? Once signed, there is no going back.

Since the lawyer is now effectively protecting the bank's interest, she feels very worried.


Thanks very much for any enlightenment.

(I was at the point of advising her - if not comfortable, just walk away and get another loan)

Fazab
post Oct 4 2011, 11:29 AM

On my way
****
Senior Member
519 posts

Joined: Jun 2011


QUOTE(dariofoo @ Oct 4 2011, 10:20 AM)
Fazab:
» Click to show Spoiler - click again to hide... «


1) What is normal? The arrangement [as desribed by you] or the preparation of the letter?  If you're referring to the arrangement, then yes it is the case 100% of the time. The lawyer is deemed to represent the bank and not you, although you are paying the legal fees.

With regard to the preparation of the letter - well, it is not the norm although it is prudent for the lawyer to do that, so that the client cannot later turn around and say that the lawyer did not inform the arrangement to her. Sometimes, explaining the arrangement would suffice. The worst part are those who don't even bother explain it to their clients, especially when they know that their client is one who is inexperienced in such matters.

2) By right the schedules ought to be filled up, but some firms nowadays are so overworked that they just get the borrower to sign first and then they will assign someone to type in the blanks. Shouldn't be much of a concern as the schedules will be filled up according to the terms of the letter of offer [LO]. Repayment sum and duration will all be spelt out in the LO and eventually, the clerk will type out what is stated there in the schedules.

If you want to walk away and take another loan, you start the whole process again. This could mean waste of time, if the completion date for the SPA has already started running. If your friend can't complete it in time, she would have to pay late penalty interest to the vendor.
icon_rolleyes.gif
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Thanks very much. Guess we probably overreacted on seeing that letter.

Plan to sit down with the lawyer and go thru just the document on the loan T & C.

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