Welcome Guest ( Log In | Register )

Bump Topic Topic Closed RSS Feed

Outline · [ Standard ] · Linear+

 Lawyers Corner, A one-stop centre on lawyers and queries

views
     
icez
post Jan 18 2011, 09:20 AM

The Icezman Gone Cold
******
Senior Member
1,053 posts

Joined: Jan 2003
From: Klang Valley Southside
This question is the same as I posted in this thread: http://forum.lowyat.net/index.php?showtopic=1719136&hl=

I recently found out that a property owned by a friend has not been transfered in his name for 22 years. The loan is still running and has been paid on time all the while but the transfer couldn't be done as the original S&P is missing one signature from the vendor. The vendor has since migrated wit no way of contacting them.↲So now the question is: what can be done to complete the transfer?
icez
post Jan 18 2011, 06:38 PM

The Icezman Gone Cold
******
Senior Member
1,053 posts

Joined: Jan 2003
From: Klang Valley Southside
QUOTE(dariofoo @ Jan 18 2011, 01:08 PM)
This is very very interesting.

Can you get some more details for me?

1. How did you know that the transfer cannot be done as "the original S&P is missing one signature from the vendor". Who informed you this? Is it the Bank?
2. I read your thread and apparently the lawyer has been disbarred. Did the Bar Council assign the file to another law firm? Where are all the documents?
3. Which Bank is this? Do they have any other documents in their file?

Normally, before releasing the loan, the bank would need to have a security over the property, like a charge [gadaian]. Now, a charge can only be created in favour of the bank granting the loan AFTER the property has been presented for registration in favour of the chargor (i.e the purchaser who is taking the loan from the bank - who becomes the chargee).

If the Memorandum of Transfer has not been presented for registration, the bank would not be able to register it's charge, and as such, without any security, the bank would never ever release the balance purchase price to the vendor.

Try to do a title search - see what comes up. A title search will reveal whether it has been presented for registration or otherwise.

Hopefully hopefully hopefully the MOT was presented for registration but it has not been perfected by the Land Office. In such case, the problem would be at the Land Offfice and not with the law firm (of course the law firm is to be blamed as well for not following up  sweat.gif ).

If there is no record of presentation, it might lead to several problems:

1) Any claim for ownership of land is subject to a limitation period of 12 years, i.e 12 years from the date your cause of action arises. In this case, it would've lapsed as the property was purchased 22 years ago  sweat.gif ;

2) If the vendor now refuses to execute a new MOT to effect the transfer, there is nothing you can do to force him to as limitation has already set in. The Court would not assist you. As such, you'll be stuck with nothing despite having paid the instalments for the past 22 years.  sweat.gif

However, the above is highly unlikely, as there is no way the bank would release the money unless it's right was protected first.

Do a title search and follow up with the bank to see what's their position.

Come back here and update us. Pose more questions if necessary. Act fast!

Good luck  nod.gif
*
Thanks for the advise so far. Here are the answers to your questions:
1. Transfer cannot be completed is the story that the disbarred lawyer said donkey years ago. Another so called lawyer friend said the same thing too.
2. To my knowledge, the file was never transfered to another lawyer by the BAR council.
3. The 'bank' in question is in fact the m'sian govt. The purchasor is a govt servant.



Topic ClosedOptions
 

Change to:
| Lo-Fi Version
0.0153sec    0.31    7 queries    GZIP Disabled
Time is now: 28th November 2025 - 09:01 AM