Homeowners in Malaysia who have misplaced important home documents such as the land title, SPA and loan agreement should take the necessary steps to obtain copies of these missing documents. Find out how to do so here.
This article was translated from Salinan dokumen rumah hilang? Ini yang anda perlu lakukan by Khairul Khalid.
Existing homeowners will know the importance of documents in the home-buying process. Although it may seem trivial, these documents are critical and must be kept properly.
Nevertheless, what if these documents are lost and cannot be found? For example, they could have been destroyed during floods which hit your house or misplaced when moving homes. Whatever the reasons might be, this article will show you how to recover copies of your lost documents. Let’s get started!
Why you need to recover lost property documents
Before going any further, here are the reasons why its necessary to have a copy of your property documents:
1. Legal proof of ownership
These official documents state the name and other critical details proving that you are the legal owner of the property.
One day, your rights to the property might be challenged in court. With all the complete documents, you can prove that you are the legal owner of the property. You will also be unable to sell or transfer your property without a land title.
2. Easier to manage property inheritance
One of the most common family problems is the management of inherited properties. Even if you do not plan to sell your home in the near future, proper documentation will make it easier for your heirs to manage their property inheritance.
In many cases, management of inherited properties takes a long time due to difficulties arising from incomplete, lost and damaged documents. Carelessness and ignorance of these documents may lead to years and years of completing the property inheritance process.
3. Easier and faster to sell and buy homes
Proper and complete documentation is crucial if you plan to sell your home in the future. This will make deals easier to complete and you can receive your payment faster. For example, you will not be able to sell or transfer your property without the land title.
If you do not have complete documentation, recovering the home documents might take a long time!
Who to contact in the event of lost property documents
There are several parties involved in recovering copies of lost property documents. To facilitate the process of finding lost property documents, you can obtain information from these parties first.
The following is a general list of parties that you can contact:
- Property lawyer
- Housing loan bank
- Property developers
- District land office
- Local authorities (PBT)
How to obtain a copy of missing property documents
Knowing which parties you may need to contact depends on the type of property documents you are looking for. More about this below:
1. Letter of offer or housing loan documents
One of the most frequently lost documents is the letter of offer for a housing loan. Although this may seem trivial, some banks will request a letter of offer for home loans to approve other loans such as personal loans.
If you do not keep a copy of the letter of offer, the best way is to obtain it from the bank which provided the home loan. There are two ways to recover this document.
- Visit the bank’s branch
The fastest way is to visit the bank’s branch where you signed the housing loan. Normally, the branch will have the documents but it may take some time to find them.
- Contact the bank’s service centre
If you do not have time to visit the bank, you can also contact the bank’s customer service centre.
Usually, a customer service officer will ask you some questions for verification. After that, they will also ask for your email address to send a copy of the document. Usually, a small fee will be charged and deducted from your bank account.
2. Land title
All you have to do is go to the Land Office and submit the complete documents. However, there are some steps required before submitting the complete documents:
- Make a police report as proof of the lost land title
- Provide a letter of oath for the lost land title. This letter must be certified by the Commissioner of Oaths and stamped by the Inland Revenue Board (IRB).
- Conduct an official land search at the Land Office for the lost land title attached with complete documentation.
The complete list of documents and further guidance on a lost land title can be found HERE.
3. Sale and Purchase Agreement or SPA
One of the most important documents is the Sale and Purchase Agreement. There are several parties that you can contact to try and recover the SPA document:
First, contact your property lawyer who was in charge of your SPA. If that does not work, try visiting the law firm.
Usually, the law firm that manages the sale and purchase of the property will keep a copy of the old SPA document. However, this may take some time and a small fee will be charged.
- Lending bank
If you purchase a home with a bank loan, your document would still be with the bank. You can contact your home loan bank and state the necessary documents.
- Property developer
If your home was purchased from a property developer, you can also visit the developer’s management office. Usually, they will keep copies of documents related to the developer’s construction projects.
However, you may find it difficult to recover documents from your developer if the company is in financial trouble or is facing bankruptcy. Find out When can you take a property developer to court in Malaysia?
Civil servants who obtain LPPSA loans may submit an application to LPPSA to recover a copy of the SPA document.
4. Certificate of Completion and Compliance or CCC document
The Certificate of Completion and Compliance (CCC) is important to certify that a home or building is safe for occupation.
If you are selling a home, the buyer would usually want to view the CCC document before signing the home loan offer letter and SPA agreement.
Here are some situations when a buyer might request the CCC document:
- To ensure the safety of the house.
- If you are planning to apply for home renovations, one of the requirements is to attach a copy of the CCC/CF certificate.
There are several ways to obtain this document:
- Local Authorities (PBT) or District Council
Check with your area’s District Council or Local Authorities. To recover a copy of the document, you will need to submit an application form or official letter to them.
- Previous owner
If your home was purchased from the subsale or secondary market, the previous owner of the property may still have a copy of the document.
- Property lawyer
If there are time constraints, you may also engage a property lawyer to manage the CCC document.
5. Deed of Assignment
Actually, the Deed of Assignment (DOA) consists of several types of documents. For the sale and purchase of a property, there are two important types of documents:
- Deed of Assignment for transfer ( between buyer and developer ).
- Deed of Assignment for housing loan ( between buyers and banks ).
If these documents are lost, you must refer to the relevant parties.
For the Deed of Assignment for transfer, you will need to refer to the developer who will usually keep the document.
For Deed of Assignment for a housing loan, contact your home loan bank and request a copy of this document.
Tips to prevent loss of property documents
As the old Malay saying goes, keep an umbrella handy before it rains. Be careful and keep your property documents properly. Here are some useful tips for you:
- After completing a home sale and purchase agreement, contact the property lawyer directly for a copy of the document. Your lawyer will not always notify the buyer about this matter.
- Make a checklist to ensure that you have obtained complete documentation. Keep it in a safe place in your house.
- You can also scan documents and save digital copies on a secure platform.
We hope that our guide can help you find copies of your lost documents. Good luck!