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 Master to Strata problem, Procedure

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SAHM
post May 17 2016, 01:06 PM

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QUOTE(nicolelim28 @ May 17 2016, 11:39 AM)


I have a queries on the housing problem.

I have bought an apartment last 2 years ago, it is under Freehold Master title.  Now, the apartment community informed me that the apartment can change to Freehold Strata title. They have appointed a lawyer firm to do this.  But I am more prefer to get my SNP lawyer to handle this therefore I am asking the appointed lawyer firm to give me the developer letter on this.

Today, I have able to call the appointed lawyer firm and asking the developer letter on the transfer title.
She told me that she already get the apartment geran, now she got runner able to get developer director to sign the letter then send to my loan bank to change the master to strata. After the geran change to my name then will give to loan bank to keep.
I got told her about I have SNP lawyer, she says she go to high court to get the documents, so she dont think she can pass the case to others lawyer to do it.

FYI, the apartment developer office is no more longer in business but the developer boss still able to contact.

I actually don’t understand what she is talking about.  Anyone here can give me advise? I am like give money to appointed lawyer firm without seeing any evidence of the transfer title
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Nicole,
Two things I notice here.
1. "They" have appointed a lawyer firm to do this.
"They" referring to the developer or the community?

2. developer's office is no longer in business.

No doubt in normal circumstances the developer should write to inform about the issuance of the strata title, but in the case where the developer " is no longer in the business", it is not surprised that a third party has been arranged to perfect the transfer.

If I were to be in the same scenario, my priority is to get the strata title transferred to my name and charged to my financier (the bank), given that the developer "is no longer in the business". I will :

1. check it out whether the title is in the possession of the lawyer firm's possession or they are authorized to collect.
2. Their fees.
3. Others have done it?

This post has been edited by SAHM: May 17 2016, 01:08 PM
SAHM
post May 17 2016, 05:37 PM

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QUOTE(b00n @ May 17 2016, 01:52 PM)
From my understanding this related to cases where developer did not put in application for strata title division. Worst part is developer is no longer around.

Therefore the current JMB is the one seeking avenue for strata title and have appointed a solicitor firm to act on it.

In the event this is the case, it will need to be handled by the appointed solicitor since individually this cannot be done by respective individual unit owners. That is why the mentioning of obtaining court approval in this case.

First procedure and priority is to get the master title divided into individual strata title. Then only transfer and charge can take affect.
*
Getting confused... tongue.gif I thought Nicole is talking about strata title is issued.

@nicolelim28

Please check with the lawyer , is the strata title of your unit issued? Get a copy of the strata title to confirm.

Otherwise, like what boon mentioned, if it is in the process of trying to apply for strata title.... Long way to go then.
SAHM
post May 17 2016, 05:38 PM

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QUOTE(nicolelim28 @ May 17 2016, 02:16 PM)
They is referring to the apartment community
*
I guess you are talking about the JMB?
SAHM
post May 18 2016, 11:24 AM

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QUOTE(nicolelim28 @ May 18 2016, 10:41 AM)
Come to worst, what is the impact if i don't bother the MOT, just let the apartment under Master title?
My Unit will be taken by developer in future?
*
If you are talking about the MOT, it means strata title is issued. Get it transferred to your name to avoid future trouble as the developer is no longer active. Since they can still be contacted to sign the MOT etc, better do it now.

The consequences of not getting the title transferred? You are not the registered owner and you have problem in selling, especially so if you can't get the developer to sign MOT in future.

No, your unit won't be under master title if strata title is issued, but the strata title is registered under the developer's name.
SAHM
post May 19 2016, 11:13 AM

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QUOTE(nicolelim28 @ May 18 2016, 11:51 AM)
So in short is, when the appointed lawyer show me the land office approval letter then I can proceed?  My concern is now I don’t know the appointed lawyer, she just told me she can handle and ask me pay.  Without any documents, I feel unsecure to pay for MOT
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Nicole,

Ask them for a copy of the strata title.

Get a quotation / estimated bill (need not show the details of your property and the legal firm's name.) Post it here, so that we know exactly at what stage you are.

The more you read the more confused you are.

If the strata title is issued, and you are about to get the title transferred but not comfortable to pay the legal fees + disbursement, then ask whether you can pay the stamp duty later as this is the most expensive item in the invoice. Once the notice to pay stamp duty is out, pay to your lawyer immediately to avoid penalty.
SAHM
post May 19 2016, 11:25 AM

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Nicole,

People here are getting confused with your scenario, ie

Either.
1. strata title has not been issued. It is in the process of submission and application for strata title (from master title to strata title);

Or

2. strata title is issued, (irregardless the process that went through), and you are considering whether to go to this lawyer ("appointed by the community") to perfect the transfer and charge.

Get this right or you will be reading wrong information.
SAHM
post May 19 2016, 04:36 PM

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QUOTE(nicolelim28 @ May 19 2016, 04:18 PM)
I agreed on it, since I have many question marks now. 
So now I should ask JMB on the confirmation on the 1 or 2, correct?
*
Ask JMB or better still, ask lawyer. If lawyer can give you a copy of the strata title, your answer is absolute.

Got a feeling, should be scenario 2, ie, strata title is issued. Won't go into details here.
SAHM
post May 19 2016, 05:00 PM

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QUOTE(aspartame @ May 19 2016, 12:26 PM)
Can you elaborate on what you mean in point 5) above? From my understanding, transition from master title to strata title, everything remains the same except individual owners now have separate titles. What is this change in "syarat" about? Does it happen in every application from master title to strata title? Thanks
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No. It doesn't happen in all the cases. My job involved directly in the process of application, issuance, transfer and charge of title to purchaser and bank respectively.

In fact, I am confused and have questions on the points mentioned regarding the process. Anyway, don't wish to confuse Nicole further, smile.gif
SAHM
post May 19 2016, 05:01 PM

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QUOTE(nicolelim28 @ May 19 2016, 04:59 PM)
OK, will ask lawyer when meet up with her on next Sat.
Thanks for valuable advise
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You are most welcome.

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