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

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Twilight Prophet
post Jan 12 2012, 04:05 AM

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Hi Dario,

Need your advice here. I am in the middle of refinancing my apartment unit, which is still under Master Title.

A week ago, I signed the deed of assignment, power of attorney, facility agreement and those documents should now be on their way for stamping.

However, only today did I realise that my current loan lawyer made a mistake with the Master Title number on those documents (that I signed a week ago) . He got one number wrong (for example, it should be 123456 but instead it was 133456), on all the documents.

Please advise me on what to do and what are the possible consequences.

Will I have to pay extra $ to correct things?
Can the mistake even be fixed or will the bank simply cancel the agreement?
Will the disbursement of money be delayed and by how long?
Should I alert my loan officer (who is also in charge of the after sales service)?

Thank you in advance.




Twilight Prophet
post Jan 12 2012, 03:56 PM

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QUOTE(dariofoo @ Jan 12 2012, 03:34 PM)
If you just executed it, it must be sent to the bank to be executed by the bank's attorney. So perhaps they would spot the mistake and send it back for the lawyer to amend first before they would execute it.

The delay would not be long - provided your lawyer quickly collects back the doc, make the amendments and send it back to the bank.

It depends on the bank as well - some banks are more flexible and can execute it first subject to the lawyer's undertaking to do the amendment upon collecting the docs. Some insist on seeing the amendment. It also depends on whether there are other mistakes. If there are a lot more, then the docs would be returned for amendments to be made, before the bank would execute it.

You don't need to pay anything at all. I don't think you should alert your loan officer at this stage. Unless there is a delay on the part of the lawyer to attend to the amendments.
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Dario, thanks a lot for the advice. I send an e-mail to my lawyer pointing out the mistakes (so that there's a record) and he wrote back "Noted. Thank you" . I'll wait 2-3 weeks and see if he updates me further smile.gif
Twilight Prophet
post Apr 22 2012, 08:46 PM

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Hi dariofoo,

Hope you can advise me on my problem below:

I am in the final stages of refinancing my property (an apartment without strata title) from Bank A to Bank P.

Bank P has disbursed part of the loan to Bank A.

In return, Bank A handed the various security documents to Bank P.

All seems to be going well and my loan lawyer then advised Bank P to disburse the remaining part of the loan to me.

But a few days later, my lawyer send a letter to Bank A (cc to me) saying that two security documents have not been handed over.

For nearly 3 weeks, there was no response from Bank A. A few days ago, my lawyer send a stronger reminder to Bank A, saying the loan will not be disbursed unless the documents are handed over and that Bank A will be held responsible if there is a delay.


Please advise what would happen if Bank A fails to produce the security documents:
1. Can Bank P withdraw the loan and demand from me immediate payment for the part of the loan disbursed to Bank A?.
2. What actions can and should I take?

FYI the "missing" documents are the original copies of the power of attorney/loan agreement between the previous owner and her bank. Are these documents essential?

This post has been edited by Twilight Prophet: Apr 22 2012, 09:10 PM
Twilight Prophet
post Apr 23 2012, 07:52 PM

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QUOTE(dariofoo @ Apr 23 2012, 12:45 PM)
1. Bank P won't do that. They would insist on the documents to be handed over to them, irregardless of the delay.
2. Gotta get the lawyer to keep on pushing Bank A. Perhaps even write a complaint letter to Bank Negara if it persists.

The agreements are essential but if it is confirmed that it is lost, perhaps a certified true copy or a duplicate copy, duly stamped, would suffice (depends on whether Bank P would be satisfied with same). The most important document is the Deed of Assignment, actually. That shows the trail of ownership.

icon_rolleyes.gif
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I heard the banks are all afraid of Bank Negara.

Thank you for your help notworthy.gif

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