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Old 10-10-2009, 12:57 PM   #1
MrsBean
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Can my friend sell the flat before the Court Order?

To all the experts here.

One of my good friend going through a divorce and now are waiting for their Court Order.

They intend to sell the flat asap to have their own life. Right now, can they proceed with the valuation and marketing of their flat follow by the OTP if there is a serious buyer? Or they have to wait for the issuance of the Court Order 1st? Can they sell their flat now and later produce the Court Order during their 1st Appt or whenever necessary?

All their dispute has been settle, now they are just waiting for the Court Order to be issue to them.

Many thanks ahead on behalf of my troubled friend, Dino.
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Old 10-10-2009, 02:39 PM   #2
octacon
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Quote:
Originally Posted by MrsBean
To all the experts here.

One of my good friend going through a divorce and now are waiting for their Court Order.

They intend to sell the flat asap to have their own life. Right now, can they proceed with the valuation and marketing of their flat follow by the OTP if there is a serious buyer? Or they have to wait for the issuance of the Court Order 1st? Can they sell their flat now and later produce the Court Order during their 1st Appt or whenever necessary?

All their dispute has been settle, now they are just waiting for the Court Order to be issue to them.

Many thanks ahead on behalf of my troubled friend, Dino.
Have they own the flat for 5 years? If yes , then should not be an issue selling it off before court order , but if it is less than 5 years , their flat will be seize by HDB and ONLY the CPF will be return to them. This is what HDB told me before , not sure there is any changes now.
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Old 10-10-2009, 05:53 PM   #3
MrsBean
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Quote:
Originally Posted by octacon
Have they own the flat for 5 years? If yes , then should not be an issue selling it off before court order , but if it is less than 5 years , their flat will be seize by HDB and ONLY the CPF will be return to them. This is what HDB told me before , not sure there is any changes now.
Just check with him he say is more then 5 yrs already.....
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Old 10-10-2009, 05:54 PM   #4
Boi_racer
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Can market before the court order is out.....

But you must have the court order ready by 1st appointment..
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Old 10-10-2009, 05:58 PM   #5
snayli_f
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I dun tink can.cos the lawyer can take a court order to freeze the assets? I can be wrong
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Old 11-10-2009, 01:13 AM   #6
octacon
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Quote:
Originally Posted by MrsBean
Just check with him he say is more then 5 yrs already.....
should be able to sell , but you can double check with the HDB Area office officers first , just don't seek lawyer consult , because the lawyer will charge a hefty price even you don't intend to sell.
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Old 11-10-2009, 01:38 AM   #7
blue00
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how to sell?

yr frd buy hse with his wife. buy or sell need 2 signatures.

even if u manage to sell, after they find out u go by loop put, u thk the relavant authorities will keep quiet meh?

u gonna get charge until jialat jialat.
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Old 11-10-2009, 11:32 AM   #8
MrsBean
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Quote:
Originally Posted by blue00
how to sell?

yr frd buy hse with his wife. buy or sell need 2 signatures.

even if u manage to sell, after they find out u go by loop put, u thk the relavant authorities will keep quiet meh?

u gonna get charge until jialat jialat.
Thanks for all the respond, both party agreed to sell and no problem to sign on the dotted line as both are still in talking term.
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Old 11-10-2009, 11:43 AM   #9
henrylbh
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Depends on what is the Court Order is about.
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Old 11-10-2009, 10:13 PM   #10
yellowpenred
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Quote:
Originally Posted by MrsBean
To all the experts here.

One of my good friend going through a divorce and now are waiting for their Court Order.

They intend to sell the flat asap to have their own life. Right now, can they proceed with the valuation and marketing of their flat follow by the OTP if there is a serious buyer? Or they have to wait for the issuance of the Court Order 1st? Can they sell their flat now and later produce the Court Order during their 1st Appt or whenever necessary?

All their dispute has been settle, now they are just waiting for the Court Order to be issue to them.

Many thanks ahead on behalf of my troubled friend, Dino.
Divorce case the COURT ORDER will state clearly what will happen to the flat.
Either one party buy over or sell in open market and spilt the profit/loss.
Of course profit/loss will also be spilt according to the court order
(maybe 70% and 30%, maybe 50% and 50% etc).

On application for 1st appt (meaning its way before 1st appt), HDB expect to see a copy of the court order before even approving the 1st appt date.

NO COURT ORDER, HDB ask you to wait for it to come out first before applying for 1st appt.
The buyer meanwhile might be homeless due to the fact seller can't proceed to sell to them. Seller get ready to be sue by buyer etc.
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Old 20-10-2009, 04:28 PM   #11
Boi_racer
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Quote:
Originally Posted by octacon
Have they own the flat for 5 years? If yes , then should not be an issue selling it off before court order , but if it is less than 5 years , their flat will be seize by HDB and ONLY the CPF will be return to them. This is what HDB told me before , not sure there is any changes now.
It all depends on the court order...not necessary have to sell back to HDB..
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Old 20-10-2009, 04:33 PM   #12
SmallIsland
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Quote:
Originally Posted by Boi_racer
It all depends on the court order...not necessary have to sell back to HDB..
You clocking posts? Isn't it been answered by others already?

No wonder so high post count.
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Old 20-10-2009, 04:34 PM   #13
Boi_racer
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Quote:
Originally Posted by SmallIsland
You clocking posts? Isn't it been answered by others already?

No wonder so high post count.
Sorry my friend.....no offence, but does my replies looks like clocking post ?

If you are not having any constructive posting in this thread, please dont comment...thanks...
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Old 20-10-2009, 08:19 PM   #14
SmallIsland
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Quote:
Originally Posted by Boi_racer
Sorry my friend.....no offence, but does my replies looks like clocking post ?

If you are not having any constructive posting in this thread, please dont comment...thanks...
It sure looks like you are clocking posts.

Or your blind can't read so many others reply to the same question which you are clocking post by replying?

Open your eyes and read :
Quote:
Originally Posted by henrylbh
Depends on what is the Court Order is about.
Quote:
Originally Posted by yellowpenred
Divorce case the COURT ORDER will state clearly what will happen to the flat.
Either one party buy over or sell in open market and spilt the profit/loss.
Of course profit/loss will also be spilt according to the court order
(maybe 70% and 30%, maybe 50% and 50% etc).

On application for 1st appt (meaning its way before 1st appt), HDB expect to see a copy of the court order before even approving the 1st appt date.

NO COURT ORDER, HDB ask you to wait for it to come out first before applying for 1st appt.
The buyer meanwhile might be homeless due to the fact seller can't proceed to sell to them. Seller get ready to be sue by buyer etc.
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Old 20-10-2009, 09:26 PM   #15
Boi_racer
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Quote:
Originally Posted by SmallIsland
It sure looks like you are clocking posts.

Or your blind can't read so many others reply to the same question which you are clocking post by replying?

Open your eyes and read :
I am replying to the person to his particular post regarding the seizure of the HDB flat without fulfilling the minimum occupation period....do u even know that I check with our company legal advisor and HDB before I even answered to that particular post?

The other are just general replies, or answering to other post...did anyone touch on that aspect?

Bro its very easy to just shoot off your mouth, please, and again, if u dont have any contructive post , please dont stir things here and drift out of topic, thanks and cheers
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