Hi Dario,

First of all, thanks for helping us. I have some questions on transfer out of love and affection. I read in version1 that if transfer between husband and wife, no SPA needed if transferring out of love and affection - can just prepare the DOA / MOT. Also, both parties are exempted from stamp duty on the DOA / MOT. My questions:

1. My father and I jointly bought a property in 2010. SPA and bank loan are under both of our names. Individual title is out and we are still servicing the loan. Now, my father wants to transfer his 50% ownership to my mother. Do the above statements still applicable? What about the names for the bank loan? What about RPGT?

2. MOT for individual title? And DOA for un-issued individual/strata title?

Your reply will be greatly appreciated. Thanks.

Rgds,
Mcray

Thanks Dario. A few more questions:

1. If bank insists on refinancing the house loan, so I will become the sole borrower? Can my father become the guarantor now instead?

2. Will this 50% property ownership transfer (from my father to my mother) be exempted from stamp duty fee?

2. As you mentioned, transfer out of love and affection normally is done when there is no encumbrances upon the property. Besides the refinancing issue, any other issue I should be aware of?

Thanks a lot!

Thanks Dario for your speedy reply. Last few questions below:

1. Is there any limit to the number of love & affection transfer that can be done by an individual? Ie. Can my father transfer 2 or more properties to my mother via love & affection transfer?

2. For subsequent love & affection transfers from husband to wife, ALL are also exempted from stamp duty?

3. If my father refuses to the the guarantor or borrower after transferring his 50% portion to my mother, the bank will make me the sole borrower of the newly financed house loan?

Thanks very very much for your advice!

Consent from land office should be easily obtained right? Just have to wait long?

Hi Dario,

I submitted my questions above last month and you advised that for transfer out of love and affection for my case in which the home loan is still being serviced, both of my father and me may need to refinance the property again as the documentations are prepared on the basis of a first party loan. My new questions below:

1. I talked to the bank's mortgage officers (maybe too junior) and said that it is merely a transfer via MOT from husband to wife and no SPA will be involved, they seemed not to understand very well the procedures and insisted that it is a sub-sale, hence a new home loan, and not refinancing of loan. If it is a new home loan, I may only be entitled to get 70% of the outstanding amount. I am very worried about this. Can I have your advice?

2. The mortgage officers also mentioned that my mother's name will have to be included in the new home loan as joint applicant. But my mother is a housewife with no income. Is this even necessary?

Look forward to getting your valuable advice. Thanks.

Hi Dario,

I have just gone and discussed thoroughly today with the bank's credit admin office and confirmed that all that you advised me are valid. A transfer out of love & affection from husband to wife only needs to do an MOT/DOA and the bank will not do anything at all to the loan, i.e. they are ok with 3rd party financing, no need to do refinancing even. Thanks again!

Hi Dario, further to my initial questions to you earlier on 27th August 2012, I have submitted the request to the Bank to transfer the ownership of property from my father to my mother. I also got a quotation from a law firm as attached. Can you please advise if the fees are reasonable? Why is the professional charge for DOA so high? Thanks.

Dear Dario,

I own a condo unit and have rented it to a family (parents and 1 baby). For the past few months, the occupants above my condo unit make noise at night on a daily basis, disturbing my tenants and causing them to lose sleep. According to my tenants, the noise is made by 2 small children.

I have alerted the management office and I was given the night shift security head number. Whenever my tenants complain to me, I will call the security head and ask him to send someone to the unit above.

This has been going on for a few months. What can I do to help my tenants? Any legal actions I can take? Thanks.

Regards,
Mcray

Thanks Dario for your quick reply.

I am thinking of more aggressive ways. We have tried diplomatic ways already.

Calling police will help? Can I engage lawyer to sue them for making noise every night for the past few months?

JMB hasnt been set up yet as it is a new condo development.

Thanks,
Mcray

I think must at least ask the police to show up once to show our seriousness. How much does it cost for legal LOD, just an approximate range of fee? as well as injunction and other legal costs?

I won't mind paying the cost to help my current tenants or future tenants as the unit above who are making all the nuisance are owner-occupier.