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

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ken8120
post Sep 7 2011, 05:07 PM

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i sold 1 property .joint name with my bro.and ask for RPGT exemption .next time if my bro want to sell his own property can he apply for RPgt exemption ?

This post has been edited by ken8120: Sep 7 2011, 05:48 PM
ken8120
post Sep 20 2011, 10:19 PM

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Dario,during the discharge of charge,my lawyer told me there are discrepencies on the bank 1st charge on the land.what is this mean?will it affected the sale ?Help me
ken8120
post Sep 21 2011, 02:36 PM

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QUOTE(dariofoo @ Sep 21 2011, 12:53 AM)
Sorry bro, if I do not have sight of the charge, I can't tell you what discrepancies your lawyer is referring to. What I can tell you is that if there are discrepancies (or mistakes), surely the charge would not have been registered successfully and the existing financier would not have disbursed the loan sum in the first place.

You would be better off to meet your lawyer personally and get more details off what he is trying to say.

Of course, if the discharge of charge cannot be registered, it will be a delay on the vendor's side to complete the transaction and as such, the completion date would be extended in favour of the purchaser.

You didn't mention which side of the fence you are on, so I hope you're on the right one.

Cheers.  icon_rolleyes.gif
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The bank said that they checked and found another charge on the property.thats why cant release the discharge of charge at the moment .What is this mean ?in this case how long it will take as the buyer financier already pay the redemption sum .

This post has been edited by ken8120: Sep 21 2011, 02:37 PM
ken8120
post Sep 21 2011, 03:46 PM

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QUOTE(dariofoo @ Sep 21 2011, 12:53 AM)
Sorry bro, if I do not have sight of the charge, I can't tell you what discrepancies your lawyer is referring to. What I can tell you is that if there are discrepancies (or mistakes), surely the charge would not have been registered successfully and the existing financier would not have disbursed the loan sum in the first place.

You would be better off to meet your lawyer personally and get more details off what he is trying to say.

Of course, if the discharge of charge cannot be registered, it will be a delay on the vendor's side to complete the transaction and as such, the completion date would be extended in favour of the purchaser.

You didn't mention which side of the fence you are on, so I hope you're on the right one.

Cheers.  icon_rolleyes.gif
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Dario
The bank said that they checked and found another first charge on the property.The properties with multi storey different owner. thats why cant release the discharge of charge at the moment .What is this mean ?in this case how long it will take as the buyer financier already pay the redemption sum.

This post has been edited by ken8120: Sep 21 2011, 07:12 PM
ken8120
post Sep 21 2011, 09:13 PM

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QUOTE(dariofoo @ Sep 21 2011, 08:17 PM)
Sorry boss missed out your earlier post. Too many criss-cross all of a sudden.

How can the bank suddenly find out that there's a first charge over the property? How did they secure their interest in the first place if they did were not the first to create a charge over the property?

Furthermore, the purchaser's financier would not have released the redemption sum unless their interest is secured. If there is another earlier charge created over the title, they would've been reluctant to redeem a loan with a security which is not lodged as priority in sequence.

Are you represented? Ask for a copy of the title search from your lawyer and take a look at it. You can see if there's another charge which is created over the property.

If there is a first charge over the property, there is no way your financier is holding the original title. It will be with the first chargee. Your financier will be the second chargee.

So probably there's more than meets the eye in your case.
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Dario,so sorry not giving u the clear picture. this property without individual title.its a undivided land.The land have another charge i mean.ground floor (owner A) ,first floor (owner B),2nd floor (owner C) and 3rd floor(owner D).all take loan from the same bank but different branch.Owner D sold his 3rd floor to another buyer who get the loan also from the same bank but once the bank pay the redemption sum to the loan account (owner D account).the lawyer sent the discharge of charge to the bank for execution but the bank find out there is another charge on the land .the charge also from the same bank 1st charge.Why is that? will it affect the sale?

This post has been edited by ken8120: Sep 21 2011, 09:24 PM
ken8120
post Sep 22 2011, 12:09 AM

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QUOTE(dariofoo @ Sep 21 2011, 11:46 PM)
Sorry boss this is beyond my limited expertise and knowledge. I fail to understand how a property without an individual title can have a charge registered in favour of a chargee for one chargor, when the other 3 owners/borrowers do not have a charge created in favour of their lender bank. Same land, same scenario, but different security documents?  rclxub.gif

And if it is the same bank all the way, how can this same bank just "find out" there was an earlier charge created in favour of...their own selves?  rclxub.gif

Sorry bro I don't think I can help you out in this. I hope you have a lawyer who can help you settle this mess. Good luck.

Humble apologies  notworthy.gif
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ok.Thanks anyway.Lawyer said its undivided landof property but each floor different owner .only with master title.thAT y all borrow from same bank.is it possible the first owner ground floor owner who borrow from the bank first is first charge of the land .Thats y when i sell (maybe i am the second charge) need to go through the first charge ?my silly answer
ken8120
post Oct 19 2011, 06:31 PM

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Dear Dario

i signed s&p with the buyer on 1 June 2011.according to the S&P completion date shud b 3+1 from 1 june 2011.On 2 sept 2011 ,purchaser financier paid redemption sum to my bank. Balance purchase price to b paid later. but my bank took 22 days (S&P 10 days) which is 25 sept 2011 to execute the discharge of charge and original document . .today 19 october ,the lawyer stil havent receive the balance from the purchaser's financier.

Wish to ask ,am i be able to get 8% interest perannum from the purchaser?Tq Dario
how to calculate

This post has been edited by ken8120: Oct 19 2011, 06:45 PM
ken8120
post Oct 21 2011, 12:21 AM

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QUOTE(dariofoo @ Oct 20 2011, 10:54 AM)
Yes you can. You would just need to deduct 12 days from the total number of days of delay to account for the delay on your part. You can calculate the total days of delay once the SPA is completed - normally from the date of receipt of the purchaser's solicitors of the balance purchase price from the purchaser's financier.  nod.gif
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thank dario
by the way the 8% interest count including the redemption sum as well (balance loan sum + redemption sum) or just the loan sum?

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