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Jaemmae
post Apr 3 2011, 07:59 PM

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QUOTE(dariofoo @ Apr 2 2011, 03:07 PM)
You can instruct a lawyer to prepare a deed of trust whereby she states that she is holding half-share of the property as a trustee on your behalf. She would also execute an irrevocable power of attorney, so that once the lock-in period is over, you can execute the relevant documents on her behalf to effect a transfer of ownership/beneficial interest over the property wholly to you. That is what you can do in the interim.  nod.gif

icon_rolleyes.gif
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If I'm not mistaken, a Power of Attorney is valid so long as the Donor is alive.

so....if his gf dies, the PA is of no use and the property will go to her estate to be distributed according to Distribution Act (if she didn't make a Will).
Jaemmae
post Apr 4 2011, 11:26 PM

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QUOTE(areankim @ Apr 4 2011, 10:13 AM)
what is ur view in this situation? Redo everything?
I'm hoping to reduce the legal cost, by performing a PA.
Loans part, refinance once lock-in period over.
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Get her to transfer her 1/2 to you while you refinance with the same bank.
QUOTE(dariofoo @ Apr 4 2011, 12:00 PM)
The Deed of Trust will state that she is holding it as trust for him. Upon her (untimely) death, the Deed would still be binding on her successors-in-title, and in this case, it would be the executor or administrator of her estate, as the case may be. That person continues to hold it in trust on his behalf.  nod.gif

That person can then execute a PA in his favour, if necessary.

How?  icon_rolleyes.gif
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QUOTE(macong @ Apr 4 2011, 09:00 PM)
There is no individual title yet.

Base on your link, there is no stamp duty exemption on loan agreement, but I read in tax budget booklet 2011 stated there is 50% rebate of stamp duty on SPA & loan agreement, is the Stamp Duty (Remission) (No.3) Order 2010 you mentioned in the link supersede the loan agreement stated in the budget 2011? 

The loan lawyer call me this evening confirmed that there is 50% rebate on the stamp duty. Now, I am blur blur rclxub.gif 

One noob question:-

Is there any kind of stamp duty on "MOT/DOA" fees will chg later in loan agreement when there is a transfer of master title to individual title? like the Stamp duty on MOT will be paid later (told by SPA lawyer when I signed the SPA). Thx.
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QUOTE(macong @ Apr 4 2011, 05:04 PM)
There is no free SPA legal free fr. developer doh.gif .

For the rebate thing. Did you mean 50% rebate on stamp duty on loan facilities agreement, which is 0.5% fixed on loan one? I checked with the loan lawyer, they said have to come back to me on this.
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This post has been edited by Jaemmae: Apr 7 2011, 11:28 PM
Jaemmae
post Apr 4 2011, 11:45 PM

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QUOTE(areankim @ Apr 4 2011, 11:40 PM)
In this case you have any idea how much it would cost on the SPA side?
I'm told my the loan officer, refinance, the legal fees would be around rm6k. Kinda like she sell to me and then i take another loan. So the have to redo some loan's legal documents. Furthermore the rate is not that good.
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How much is your house worth?
The stamp duty/legal fees would only be for her 1/2 share only.

Refinancing would mean re-do the whole documentation.

Jaemmae
post Apr 4 2011, 11:52 PM

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QUOTE(macong @ Apr 4 2011, 10:26 AM)
Good morning Dario,
Pls advise on below loan agreement legal charges for new a freehold terrace house (under con) from developer. Is the fees reasonable?

Can I get 50% exemption on stamp duty ? I am the 1st home purchaser? tq.

Loan amt : RM 261,032

PROFESSIONAL FEES for facilitating the
security documentations, attending to the signing of the
documents, for liasing with various parties for the disbursement of
the loan sum for all other attendances and correspondances             2,277.22
Deed of Assignment                                      227.72 
Power of Attorney                                      227.72 
      
6% Govt. Tax                                             163.96
                                                    2,896.62
DISBURSEMENTS      
      
Stamp Duty  Original Facilities Agreement         1,310.00 

Stamping Fees  Facilities Agreement (3 copies)     30.00 
                  Deed of Assignment (4 copies)     40.00 
                  Power of Attorney (4 copies)     40.00 
                  Letter of offer                             10.00 
                  Statutory Declaration                     10.00 
      
Filing fees           Power of Attorney                     40.00 
      
Official Search   Bankruptcy / winding-up             30.00 
                    Land title search                     30.00 
      
Attestation fees                                 20.00 
Purchase of Loan Documents        150.00 
Courier, stationery, postage, telephone       80.00 
Transport       50.00 
Miscellaneous       50.00 
        1,890.00
Total chg      4,786.62
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QUOTE(areankim @ Apr 4 2011, 11:50 PM)
Bought at Rm260

Re-do whole documentation.... <--- big sum i believe?  doh.gif
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err...kinda.

This post has been edited by Jaemmae: Apr 7 2011, 11:31 PM
Jaemmae
post Apr 5 2011, 02:56 PM

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QUOTE(macong @ Apr 5 2011, 11:31 AM)
Thanks a lot Jaemmae & Dario.

I got discount on the loan legal fees and the 50% rebate to the stamp duty thing. The lawyer told me the total sum to pay is around RM2,600 (Original is 4,787) rclxms.gif . I have calculated myself, but cant get the figure out biggrin.gif .       
For the SPA, did you mean I have to pay another round legal fees to SPA & bank lawyer for charge of 16A, in future? Thx.
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Yes

Legal fees would be Rm300 for Transfer & RM300 for Charge.

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