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 Developer Liquidated & No Strata Title, Whatelse I can do to sell?

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LazyCat666
post Mar 2 2023, 10:00 AM

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QUOTE(elon_musk_my @ Mar 1 2023, 09:48 PM)
Hey everyone,

I'm really hoping someone can help me out here.  cry.gif
I'm in a bit of a mess with my condo in Klang Valley.
The developer has gone under liquidation recently and it's been 6 long years without anyone getting the strata title.

I spoke to lawyer and they told me it's almost impossible to sell without the strata title. Is it because buyers can't get loans without it?
They say only cash buyer should be ok and i dont think there are many cash buyers out there.
I'm feeling so helpless and don't know what to do.

Do I have to wait for another company or developer to take over before I can get the title?
Even if that happens, how long will it take?
What if no body take over?  doh.gif

I'm really freaking out because I need to sell this condo for personal reasons,
and renting it out is going to be a huge hassle.

To be honest, I'm regretting buying this place when I was just 21.  doh.gif
I should have done more research and not just trusted what the agent told me.  bangwall.gif

If any of you have any advice or have been in a similar situation, please share it with me. I would greatly appreciate any help or guidance.  notworthy.gif

Thanks guys, I really appreciate it.  notworthy.gif
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It's difficult but not impossible for buyer to get bank loan. And this will affect your property's market value since there is no strata title. Make sure you keep a copy of all the agreements (SPA, loan agreements, IC of the original purchaser if you bought it subsale, etc.) as the appointed liquidator will ask to see all these doc when you sell the property next time.

LazyCat666
post Mar 16 2023, 09:54 AM

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QUOTE(kenzotaj @ Mar 16 2023, 12:04 AM)
Off topic a bit... would liquidator act fairly in these three scenario? Since land title is in mastertitle . Liquidator has to decide  which creditors get which chunk of leftover pie.  i believe bangkrupted developer owes lot of money, otherwise no reason to bangkrupt

1.  Individual that has paid off shophouse bank loan. .. but Land office has yet issuing strata title ..  and thus no call for MOT Payment to be paid yet..  and developer bangkrupted.. 

2. Or better dont clear off any bankloan b4 any strata being issued  .. just leave little loan amount  , wouldnt cost much loan interest. .. is this "safer method " to park shophouse under bank umbrella protection ??. Liquidator wouldnt dare to bully bank as supposed to an individual owner.

What do u think ??  AS strata  title issuance may take 10 /15 years in certain states in msia.

3. Can developer re mortgage completed project land mastertitle  to get loan .. ending up with another land emcumberance.. And thus complicating liquidators task..  if yes .. then individual owner may lose everthing???

Thk in advance for any reply by forumers
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Liquidator will not be able to sell / use your property to pay off the developer's debt to the creditor as you are the beneficial owner of the property (it will be illegal) and the developer won't be able to do anything (mortgage etc.) to the land as they are already bankrupt

LazyCat666
post Mar 17 2023, 06:59 AM

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QUOTE(kenzotaj @ Mar 16 2023, 08:20 PM)
Thks for the insight.. .. very clear answer  !
I need to rephrase..  no3.....  before being bangkrupt  , while developer still holding mastertitle  and before land office issue strata tittle ...  can developer remortgage the mastertitle? or even still having to pay loan for  land encumberances??
  If yes.  Then how safe is the strata ownership  of individual owner  when the land ( in mastertitle)is owned by others?

Thks in advance
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Usually bank would have obtained an undertaking from the developer not to encumber the land / master title anymore before they release the loan for your property to them. But if you are worried, do a land search on the master title now to check whether there is any encumbrances on the master title. Since the land is still under master title and the developer is bankrupt, will the liquidator help to get the strata title out?
LazyCat666
post Mar 20 2023, 10:04 AM

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QUOTE(kenzotaj @ Mar 18 2023, 04:59 PM)
Exactly .. Bro...  for commercial shophouse..  (unlike housing dev act).. there is no 2.5% retention b4 strata title issuance.. bank already releaeed 100% loan amount to developer..  a failing heavily indebted developer wouldnt bother to spend more money to get strata title.. .  also liquidators  dont get the 2.5%  too..
Wouldnt it better not to clear off bankloan  (when customer  hvnt got receive strata title).. and instead let Bankers handle all the mess and legal paperworks with liquidator.. ?? 
How easy is it for individual to deal with liquidator..
Any insights???? Anyone..
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What do you mean to let bankers handle all the mess and legal paperworks with liquidator? Bank will not help you to push liquidator to get the strata title out. House owners should group up and talk to the liquidator instead as strata title will affect the house's market value
LazyCat666
post Mar 23 2023, 09:33 AM

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QUOTE(kenzotaj @ Mar 22 2023, 04:34 PM)
So u meant.. there is difference in risk for the individual homeowner ( without strata title)  whether one have clear off bank loan or  keep the property under bank loan @ bank group umbrella protection. 
Hmmnn.. 
Other Sifus also think like this ??
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No, what I meant is that bank will not help to push for the strata title or deal with the liquidator. Whether you still have a bank loan or settled the loan already makes no difference. House owners have to group up and talk to liquidator.
LazyCat666
post Apr 13 2023, 09:33 AM

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QUOTE(elon_musk_my @ Apr 12 2023, 08:42 PM)
Anyone have experienced sold a developer bankrupt condo in KL? Under 10 years, just want to know how long the process of SPA will take
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Estimate 6-9 months depending how fast the liquidator revert to lawyers. You might wanna find out how much is the total cost that the liquidator will charge you before proceeding...
LazyCat666
post Apr 14 2023, 09:23 AM

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QUOTE(elon_musk_my @ Apr 13 2023, 08:13 PM)
Thanks man! Mind if I ask how to search for the liquidator?
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Do a bankruptcy search on the developer. It should show you the appointed liquidator.


 

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