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 Lawyer's Corner v2, One-stop centre for any legal queries

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1282009
post Jan 18 2012, 02:15 AM

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Hi .. I'm in the progress of settling my homeloan pending redemption & release letter from the bank. I believe the release letter will be enough to prove that I'm free from the homeloan and can use that as evident to secure a 90% loan for my 3rd property if needed. Please correct me if I'm wrong.

I was told that the next final step is to hire a lawyer to get back my SNP and other documents from the bank. This process will take as long as a month time. Is that the case? How much does this normally cost and how long will it take to complete the whole procedure?

Thanks.


1282009
post Jan 19 2012, 01:22 AM

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QUOTE(dariofoo @ Jan 18 2012, 12:52 PM)
This is procedural and depends on bank to bank. The best is to obtain advice from a banker from the bank in which you're making the new loan applic.
Discharge of charge/Deed of RnR costs RM300. If additional title, add RM100/title. Disbursements ought not cost more than RM250. Procedure would take, let's say 1 month at the soonest. Hopefully the bank didn't misplace or lost the original documents or else it would add to the time to complete it. More often than not, all would be ok and it'll be done within 4-6 weeks.
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Hi Dario, thanks so much for the valuable info smile.gif


Added on January 19, 2012, 1:28 am
QUOTE(Milo_O @ Jan 18 2012, 10:40 PM)
I'm planning to withdraw from my EPF Account 2. At the same time, i'm also planning to sign up for 80% loan from a bank.
At the moment, i have enough cash on hand to pay the 10% deposit which means i have the remaining 10% will come from my EPF account 2.
My question is when is the last day for me to make the 10% payment ?
Just right before 3 months from the SPA signed ?
The reason is i'm trying to drag the EPF withdrawal as long as i could as EPF is going to announce the dividend.
Once the dividend is announce, i will immediately submit for withdrawal but at the same time, i do not wish to take any risk of penalty charges of late 10% payment if there is any due to the time taken to process the withdrawal.
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I thought EPF interest is calculated monthly. So even if the dividend is announced later, the amount withdrawn will only affect the latest month's interest/dividend calculation. Actually I'm also in the same situation. I've withdrawn the EPF early this month but I believe I will still receive interest/dividend for the whole of last year for the amount I've withdrawn since my withdrawal is only in Jan-2012. Please correct my understanding if I'm wrong.



This post has been edited by 1282009: Jan 19 2012, 01:28 AM
1282009
post Jan 19 2012, 12:25 PM

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I'm not sure if this is related to this thread. How long does the bank normally take to reduce the loan principal amount from the cheque sent by EPF?


1282009
post Jan 20 2012, 01:35 AM

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QUOTE(Milo_O @ Jan 19 2012, 02:06 PM)
Thanks dariofoo  notworthy.gif
I have another question here. What is the meaning of Letter of Undertaking ?
Who issue it and who shall receive it ? What is the reason of issuing and what function does it do ?

Thanks  icon_question.gif


Added on January 19, 2012, 2:07 pm

Let me make few phone calls to EPF hotline and get some clarification.
Few times wud ensure the authenticity of the information as u know, goverment office always provide different answer from person to person.
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In that case, please update me as well. Thanks.




1282009
post Jan 20 2012, 07:36 PM

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QUOTE(Milo_O @ Jan 20 2012, 02:58 PM)
This is the answer to a question related to EPF withdrawal before dividend announcement.

Question:
Scenario 1:
If i make my EPF withdrawal after 31 Dec and before EPF dividend announcement (usually on March), it would not affect the dividend payment.
Dividend payment would take the last number as of Dec for dividend calculation

Scenario 2:
If i make my EPF withdrawal before 31 Dec e.g Oct and before the EPF dividend announcement, dividend payment would take the last number as of Oct for divident calculation

This is a one time calling to EPF center.
I will call another one more time to get confirmation and validate the above info.
I hope my explaination can be understand by u.
My humble apologies if my explaination is not clear. Let me know and i will try to simplify it  blush.gif
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Thanks so much. My senario is #1 above which matches my understanding previously whereby I will still get dividend for year 2011 until Dec as my withdrawal is Jan 2012 smile.gif


1282009
post Jan 22 2012, 09:10 PM

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QUOTE(dariofoo @ Jan 22 2012, 06:41 PM)
Go to the bank, ask for a redemption statement to know how much the sum you need to pay, then make payment.

You don't need a lawyer at this stage, unless you want to retrieve the original documents, grant and other docs from the bank for your own safekeeping. Normally folks would just leave all that with the bank until they sell the property, refinance it or transfer ownership to another party.

If you opt for that, your lawyer would prepare a discharge of charge/deed of receipt and reassignment. That document officially indicate that the bank does not hold the property as security anymore and you are free to deal with it as you like.

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"You don't need a lawyer at this stage, unless you want to retrieve the original documents, grant and other docs from the bank for your own safekeeping. Normally folks would just leave all that with the bank until they sell the property, refinance it or transfer ownership to another party."

Hi, thanks for sharing the info on this. Is it safe to keep the docs with the bank? I'm actually settling my homeloan (in progress of getting the redemption letter). I plan to request the settlement/release letter (after settling the loan to apply for another housing loan) instead of the discharge letter since the latter will take a longer time frame.


1282009
post Jan 23 2012, 02:28 PM

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QUOTE(dariofoo @ Jan 23 2012, 12:19 PM)
Why not? Is it safe to keep your money with the bank? Do you?  biggrin.gif

Free storage for you,mate. For the time being, all you need is the release letter from the bank.
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Hahaha good one! Thanks again for your advice. Happy CNY to you!




1282009
post Jan 30 2012, 11:55 PM

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QUOTE(dariofoo @ Jan 18 2012, 12:52 PM)
This is procedural and depends on bank to bank. The best is to obtain advice from a banker from the bank in which you're making the new loan applic.
Discharge of charge/Deed of RnR costs RM300. If additional title, add RM100/title. Disbursements ought not cost more than RM250. Procedure would take, let's say 1 month at the soonest. Hopefully the bank didn't misplace or lost the original documents or else it would add to the time to complete it. More often than not, all would be ok and it'll be done within 4-6 weeks.
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The bank's panel lawyer quoted me around RM630 for the whole thing (mine is without strata title yet so its slightly more expensive).


1282009
post Jan 31 2012, 08:21 PM

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QUOTE(dariofoo @ Jan 31 2012, 03:35 PM)
Seems to be alright. If not happy you always have the option to get another quotation.  nod.gif
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Thanks, should be ok for me too smile.gif


1282009
post Feb 12 2012, 04:55 PM

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Hi, normally how long do we expect to get individual title for condo unit? Who should we approach to enquire/speed this up, developer or condo management? Mine one is almost 5-6 years now after VP. Will the value of the prop increase after title is issued?


1282009
post Feb 12 2012, 08:30 PM

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QUOTE(dariofoo @ Feb 12 2012, 08:08 PM)
Up to the developer, actually. Unless the JMB can round up and put some pressure on the developer. What is the JMB's stand on this? The law does not put in a timeframe for the developer to do so.
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Thanks, I will check with condo management as first step.


1282009
post Mar 31 2012, 01:12 PM

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Just to share. I finally charged for RM700++ for R&R.

Deed of R&R - RM400
Service tax - RM24
Stamp duty - RM40
Others (printing charges, photostating, postage/courier, transport/travelling) - RM250 rclxub.gif doh.gif

In another note, I've called up my condo management to enquire about the strata title. According to them, developer has submitted the request since year 2009 but still pending at land office. Is that really take so long to get the title and is there anything the owners can do to speed thing up?


1282009
post Apr 2 2012, 09:45 PM

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QUOTE(dariofoo @ Apr 2 2012, 01:38 PM)
Anyone can submit an application but was there a proper follow up and were all the requirements by the land office met by the developer?

Any correspondence between the owners and developer ought to be done by the JMB. So, ask your JMB to write in. There is nothing in the law as it stands which requires the developer to apply for strata title within xxxx time after VP has been handed to the owners.
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Hi Dario, thanks a lot for the input.


1282009
post Jun 2 2012, 02:23 AM

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Hi, normally how long the property will be discharged after R&R signed/paid? I've been waiting for 1.5 months but the law firm is still saying work is in progress sad.gif


1282009
post Jun 2 2012, 06:42 PM

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QUOTE(dariofoo @ Jun 2 2012, 04:51 PM)
A usual SPA would provide for 10-14 working days for the vendor's financier to execute the RnR and return the said RnR together with the original SPA and other documents to the purchaser's financiers.

You've been waiting 1.5 months for the transaction to be completed, or for the vendor's financiers to return the documents? If the latter, such delay could be due to a missing document.
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1.5 months for all the docs to be returned to me. This is after I signed the R&R and paid the fees. Loan was settled few months ago.
I did not know at which stage it is at now. Will check this up next week with the solicitor. Thanks for your advice/infor.


1282009
post Jun 3 2012, 04:48 PM

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QUOTE(dariofoo @ Jun 3 2012, 10:02 AM)
1.5 months after docs return to your lawyer, you mean?

In that case, it is quite an unusual delay.

Once the docs are returned, the lawyer would:

1. Date the RnR and send it for nominal stamping and revoke the previous PA.
2. Date the DOA between you and the ven and send it for adjudication.
3. Date the PA and send it for stamping and registration.
4. Send the stamped RnR to the developer with other docs via a Notice of Assignment.
5. Send all the duly stamped PA, RnR, NOA, and other ori documents TOGETHER with the unstamped DOA and proof of submission to LHDN for adjudication ,to the bank to advise drawdown.
6. Cheque issued by the bank.

The eventual stamping and service of the DOA can be done later.

The above steps ought not take longer than 2 weeks,normally. Average would be 2 working days for 1-4, and 5-6 would take another 5-7 working days. Sometimes, even faster.

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Dario, thanks for the details. The last I heard was that the docs were sent to some high court or land office for approval. Does that mean it's at step #3?

By the way, I don't understand step 5/6. Why there's drawdown involved here since I've fully settled the loan and release letter has been issued?

Thanks.


Added on June 3, 2012, 5:05 pm
QUOTE(dariofoo @ Jun 3 2012, 10:05 AM)
LAWYER'S CORNER WILL BE TAKING A BREAK.

Shall be away for an outstation trip and will be back on Monday night. All queries will be answered on Tuesday.

Your patience is much appreciated.

Any urgent queries, do post it out in the open thread.

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Have a safe, wonderful trip smile.gif



This post has been edited by 1282009: Jun 3 2012, 05:05 PM
1282009
post Jun 5 2012, 08:31 PM

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QUOTE(dariofoo @ Jun 4 2012, 11:21 PM)
If it involves the High Court then yes, it would be step 3.

Drawdown refers to the purchaser's loan, not yours.
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Hi Dario, thanks for your feedback. The loan is settled but there's no selling involved here, not sure why purchaser is in the picture?

My case is actually similar to Post #1151 above.

Thanks.



This post has been edited by 1282009: Jun 5 2012, 08:34 PM
1282009
post Jun 6 2012, 09:39 PM

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QUOTE(dariofoo @ Jun 6 2012, 12:35 PM)
Sorry about that. So it should end with the original documents handed over to you for your safekeeping.  icon_rolleyes.gif
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Thanks smile.gif



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