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Selangor, Kuala Lumpur and Johor Law Firm - Deed of receipt and reassignment in Malaysia by the lawyer

Deed of receipt and reassignment in malaysia.

Deed of Receipt and Reassignment is to be treated as the same process as Discharge of Charge except that this will not include the redemption of Original Title from the Bank. This is because when the Purchaser/Borrower bought the property, the Individual Title or Strata Title is yet to be issued so they will use Deed of Assignment by way of security in order to protect the beneficial interest of the Bank for the assistance given to the Purchaser/Borrower in purchasing the property. Normally, the Purchaser/Borrower will signed the Deed of Assignment documents together with Power of Attorney upon receiving the loan from the bank. These documents worked as a protection for the Bank to sign the Perfection of Charge documents on behalf of the Purchaser/Borrower (if the Purchaser/Borrower is missing or do not have money to pay the fees) once the Individual or Strata Title has been issued. Therefore, once the Purchaser/Borrower already signed this Deed of Receipt and Reassignment documents, it can be a proof that the Purchaser/Borrower already settled the repayment of the housing loan with the bank and the Power of Attorney given to the Bank earlier will also be revoked. Most importantly, once the Individual Title or Strata Title has been issued later, the Purchaser/Borrower must prove to the Perfection of Transfer’s solicitor that the loan is fully settled by showing this Deed of Receipt and Reassignment documents and Perfection of Charge should not be done anymore. As a result, upon the registration of the Purchaser’s name on the Title by Perfection of Transfer, the Purchaser/Borrower can collect the Original Title for their safekeeping and don’t have to forward the same to the Bank anymore. • Basic process for Deed of Receipt and Reassignment 1. Deed of Receipt and Reassignment documents signed by Purchaser/Borrower 2. Deed of Receipt and Reassignment signed by Bank 3. Stamp relevant documents at LHDN 4. Revoke Power of Attorney at High Court 5. Purchaser/Borrower can collect all Original Documents for their safekeeping • Documents needed for Deed of Receipt and Reassignment:- 1. Identity card of Purchaser/Borrower 2. Prove of settlement of the housing loan from the Bank (if any) 3. Other relevant documents • What type of property under Deed of Receipt and Reassignment - master title property Disclaimer All data and information provided on this site are for informational purposes only. HS LIM & CO makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. If you are in any doubt, please contact us for further information.

What to Do Once You Settled Your Property Financing?

  • December 21, 2022

deed of assignment rhb bank

WHAT TO DO ONCE YOU SETTLED YOUR PROPERTY FINANCING?

Introduction

Do you know that there is a required process once the borrowers have settled all their repayment obligation to the bank in respect of property financing?  It should be noted that the borrowers are required to complete the discharge process with the bank.  This is in order to release each and every right held by the bank on the borrower’s property which was previously given to the bank as security for the financing.

Firstly, if a borrower intends to settle the financing, he is required to request a redemption statement from the bank.  The redemption statement will show the exact outstanding amount owed by the borrower to the bank.  Usually, a redemption statement issued by the bank provides the amount of outstanding owed by the borrower for at least three (3) consecutive recent months.  However, the redemption statement will expire if the redemption is not paid within the time given and accordingly a new redemption statement is required from the bank.  Once the borrower made the final payment to the bank, hence the borrower’s loan account with the bank will be closed.  Notwithstanding that, the borrower should request a confirmation letter from the bank that the property financing has been fully settled.  Once the confirmation letter has been issued, the borrower shall then proceed with the discharge process.

What should you know about the discharge process upon settlement of financing?

Generally, the borrower’s property will be held as collateral for the financing given to the borrower i.e as security to the bank.  In practice, there are two (2) legal ways for the property to be entrusted to the bank as collateral.  In the event the property has been issued with a legal document title, the owner (chargor) is required to execute a legal charge known as a Memorandum of Charge (Form 16A).  Meanwhile, for a property that is yet to be issued with a legal document title but still under a master title, the owner needs to execute a Deed of Assignment (by way of security) whereby the owner agrees to assign all his rights, titles and benefits relating to the property to the bank as security for the financing.  In short, both a legal charge and Deed of Assignment will give rights to the bank to sell the property in the case where the borrower fails or neglects to settle his financing installment within the stipulated timeline.

Once the borrower has made the final payment and settled all the financing obligations in accordance with the facility agreement with the bank, the borrower is required to engage a lawyer to assist for the discharge process.  This is pertinent in order to ensure that the property is officially transferred to the owner and that the bank will no longer hold any rights to the property.  In a nutshell, there are two (2) types of legal documents in relation to the release of property from the bank which is Discharge of Charge or Deed of Receipt and Reassignment.

Discharge of Charge

This process involves the property which has been issued with a specific individual or strata title in order to release the property from a legal charge duly registered at the relevant land office or land registry during the financing term.  In accordance with Section 278 of the National Land Code (Act 828), the lawyer will prepare a Discharge of Charge (Form 16N) and forward the said Form 16N to the bank for execution.  The bank shall then return to the lawyer a duly executed Form 16N and the original document title of the property together with all the financing documents that are in the bank’s possession.  During this time, the borrower or landowner is required to settle any outstanding payment of Quit Rent and Assessment in relation to the property and forward the payment receipt to the lawyer.  The lawyer will thereafter adjudicate and pay the required stamp duty on Form 16N and proceed with the registration of the same at the respective land office or land registry.  Thereafter, the land office or land registry will remove the bank’s name from the title and the lawyer will subsequently return the original title to the landowner (proprietor) of the property upon collection of the same.

Deed of Receipt & Reassignment (DRR)

This document is known as DRR whereby the process will not involve the land office as the property is still under the master title and an individual title or strata title has not been issued.  Initially, during the pre-disbursement of the financing, the owner will execute a Deed of Assignment (by way of security) together with a power of attorney authorizing the bank to act, sign or execute any document related to the property or financing on behalf of the owner in which the power of attorney will be registered at the High Court accordingly.  Hence, upon settlement of the financing, the appointed lawyer will prepare a DRR to be executed by the bank and the owner whereby the bank will reassign all the titles, rights and benefits of the property to the owner.  The DRR then will be stamped and the lawyer will need to revoke the power of attorney at the High Court so to cancel the power of attorney given previously by the owner to the bank.

The Discharge of Charge or DRR process will take place upon settlement or redemption of financing by the borrower.  The borrower is required to complete the process to ensure that the rights onto the property which have been transferred or assigned to the bank as security of the financing are returned to the owner.  The borrower also will need to bear the required legal fees including disbursement costs such as the lawyer’s professional fees, stamping fee, registration and other relevant cost related thereto.  In short, it is advisable for the borrower to appoint a lawyer once the financing has been fully settled in order to assist and expedite the process of discharging and releasing the property from the bank.

Sources :        National Land Code (Act 828)

                        Conveyancing Practice Guidelines, Praktis Malaysian Bar

                        FAQ for Conveyancing Transactions, Malaysian Bar

Prepared by,

Nur Hidayah Binti Kamaruzaman

MESSRS MISYAIL OTHMAN & CO

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Deed of Assignment: Everything You Need to Know

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. 3 min read updated on January 01, 2024

Updated October 8,2020:

A deed of assignment refers to a legal document that records the transfer of ownership of a real estate property from one party to another. It states that a specific piece of property will belong to the assignee and no longer belong to the assignor starting from a specified date. In order to be valid, a deed of assignment must contain certain types of information and meet a number of requirements.

What Is an Assignment?

An assignment is similar to an outright transfer, but it is slightly different. It takes place when one of two parties who have entered into a contract decides to transfer all of his or her rights and obligations to a third party and completely remove himself or herself from the contract.

Also called the assignee, the third party effectively replaces the former contracting party and consequently assumes all of his or her rights and obligations. Unless it is stated in the original contract, both parties to the initial contract are typically required to express approval of an assignment before it can occur. When you sell a piece of property, you are making an assignment of it to the buyer through the paperwork you sign at closing.

What Is a Deed of Assignment?

A deed of assignment refers to a legal document that facilitates the legal transfer of ownership of real estate property. It is an important document that must be securely stored at all times, especially in the case of real estate.

In general, this document can be described as a document that is drafted and signed to promise or guarantee the transfer of ownership of a real estate property on a specified date. In other words, it serves as the evidence of the transfer of ownership of the property, with the stipulation that there is a certain timeframe in which actual ownership will begin.

The deed of assignment is the main document between the seller and buyer that proves ownership in favor of the seller. The party who is transferring his or her rights to the property is known as the “assignor,” while the party who is receiving the rights is called the “assignee.”

A deed of assignment is required in many different situations, the most common of which is the transfer of ownership of a property. For example, a developer of a new house has to sign a deed of assignment with a buyer, stating that the house will belong to him or her on a certain date. Nevertheless, the buyer may want to sell the house to someone else in the future, which will also require the signing of a deed of assignment.

This document is necessary because it serves as a temporary title deed in the event that the actual title deed for the house has not been issued. For every piece of property that will be sold before the issuance of a title deed, a deed of assignment will be required.

Requirements for a Deed of Assignment

In order to be legally enforceable, an absolute sale deed must provide a clear description of the property being transferred, such as its address or other information that distinguishes it from other properties. In addition, it must clearly identify the buyer and seller and state the date when the transfer will become legally effective, the purchase price, and other relevant information.

In today's real estate transactions, contracting parties usually use an ancillary real estate sale contract in an attempt to cram all the required information into a deed. Nonetheless, the information found in the contract must be referenced by the deed.

Information to Include in a Deed of Assignment

  • Names of parties to the agreement
  • Addresses of the parties and how they are binding on the parties' successors, friends, and other people who represent them in any capacity
  • History of the property being transferred, from the time it was first acquired to the time it is about to be sold
  • Agreed price of the property
  • Size and description of the property
  • Promises or covenants the parties will undertake to execute the deed
  • Signatures of the parties
  • Section for the Governors Consent or Commissioner of Oaths to sign and verify the agreement

If you need help understanding, drafting, or signing a deed of assignment, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.

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Property Law: Redemption

Property Law: Redemption

deed of assignment rhb bank

Introduction

Many property owners would have known that upon settlement of their housing loans, the financiers or the banks will direct them to arrange with a legal firm to proceed with ‘redemption’ of their properties.

Redemption refer to a legal process which takes place when the legal owner under the terms of his loan agreement discharges his obligations imposed by the bank’s charge or assignment and thus becomes entitled to have his property redeemed in him free of the charge or assignment.

Until the debt has been paid and the money accepted, however, the charge or assignment remains in being.

Usually, under the facility agreement the bank will be obliged to reassign the property to the purchaser without default and upon payment of the facility sum. That is to say the right to redemption is an entrenched right.

Malayan Banking Bhd v Worthy Builders Sdn Bhd & Ors [2015] 3 MLJ 791 .

Having said that, there legal cost to be borne by the borrowers, as contracted under the facility agreement normally. This legal cost is scaled cost as stated in the Solicitors’ Remuneration Order 2005.

Some banks will impose a documentation fee between RM50 to RM100 for purchase of such documents from the banks and the Malaysian Bar Council’s position is that such practice may be in breach of Section 37 (2) of the Legal Profession Act 1976 that prohibit unauthorised person to collect a fee for preparation of any documents or instruments relating to immovable properties.

Bank’s Legal Obligations

In the case of RHB Bank Bhd v Travelsight (M) Sdn Bhd [2014] 1 MLJ 691 , the court resolved that there is an obligation in equity on the financier to reassign the security in the form of the Wisma Pantai following the full payment of the loan amount.

In Graham v Seal , the court said:-

“The obligation of a mortgagee is, as against payment of what is due to him, to reconvey and deliver up the deeds of the mortgaged premises. It is like the obligation of a vendor to convey and hand over the title deeds and the conveyance as against payment of the purchase-money. It contemplates that the handing over of the conveyance and payment of the purchase-money shall be a simultaneous transaction, so that neither party is at risk for any time without either the money or the estate; so in the paying off of a mortgage a mortgagee is not entitled to insist upon payment of the mortgage money with a view to his reconvening at some future time. Consequently, if a mortgagee has been fully satisfied and refuses to reconvey the security, he will have to pay the costs of any proceedings taken by the mortgagor to recover his property .”

It is also trite law that the assignor retains a residual right in respect of the property in the event he or she redeems the loan from the financier, in which case he or she is entitled for the rights, interest and title to be re-assigned to him or her.

RHB Bank Bhd v Singlefine (M) Sdn Bhd & Ors [2019] 11 MLJ 333

About the Author:

This article is written by Chia Swee Yik , Partner of this Firm (assisted by paralegal, Ooi Zhuang Hong ) who has provided practical advice on  property transaction .

Feel free to contact us using the form below if you have any queries.

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When Equity Acts in Vain

Federal Court imposes meaningless “remedial” constructive trust.

The recent decision of the Federal Court in  RHB Bank Berhad v Travelsight (M) Sdn Bhd & 3 Ors & Another Appeal  (Civil Appeal No. 02(f)-36-07/2013 (W), 20 November 2014.) appears to be yet another instance of the recent worrying trend in which the apex court has struggled to deal with fundamental concepts of equity and trusts law.

The facts of  Travelsight  were as follows. Travelsight (M) Sdn Bhd (“Travelsight”) entered into a sale and purchase agreement with Atlas Corporation Sdn Bhd (“Atlas”) in 1996 for the purchase of a piece of property for a consideration of RM816,696.00 (“SPA”). Travelsight paid RM216,696.00 towards the purchase price, with the balance financed by Development and Commercial Bank Berhad (“DCCB”), later known as RHB Bank Berhad (“RHB”), pursuant to a loan facility granted by RHB to Travelsight. By a deed of assignment, Travelsight assigned its rights, interest and title in the property to DCCB as security.

In 2001, Travelsight and DCCB commenced an action against Atlas seeking rescission of the SPA on the ground of misrepresentation by Atlas. In November 2002, the High Court allowed the claim and ordered a rescission of the SPA and a refund of all monies paid and the application of the refund together with judgment interest towards redemption of the property (“the 2002 High Court Order”).

Atlas did not comply with the terms of the 2002 High Court Order. Atlas was wound up in 2004 by a third party creditor. The liquidators of Atlas refused to comply with the 2002 High Court Order, and took the position that Travelsight was merely an unsecured creditor, and that the liquidators were entitled to deal with the property as an unencumbered asset. In the meanwhile, Travelsight continued to make repayments to DCCB and later to RHB, and Travelsight ultimately repaid the loan facility in full in 2011.

In subsequent proceedings in the High Court between Travelsight and RHB with Atlas and its liquidators as interveners, the issues which ultimately came before the Federal Court were (i) following the rescission of the SPA, who had the beneficial title to the property, and (ii) whether Travelsight had a proprietary right to the refund of the purchase price which made it a “secured” creditor in  Atlas’ liquidation. 

On appeal to the Federal Court, the Federal Court interpreted the 2002 High Court Order to mean that as a condition to rescission of the SPA there must be  restitutio in integrum , in other words restitution and counter-restitution by Travelsight and Atlas. Atlas or its liquidators were obliged to make restitution of the purchase price to Travelsight before it could obtain counter-restitution of the property. The Federal Court observed: –

… without restitution of the purchase price, the property would remain with Travelsight as purchaser and RHB as assignee. Given that the property remained with Travelsight as purchaser and RHB as assignee, but which property was lost only because of sale by the liquidators, it could not be contended, as did Atlas/liquidators, that Travelsight was an unsecured creditor.

The Federal Court then went on to observe: –

Rather, upon rescission of the purchase, it should be asked as to whether Travelsight had a proprietary right to the refund, as counter-restitution of the property was tied to the refund, and also as to whether Atlas/liquidators could assert ownership of the property without refund of the purchase price …

The Federal Court concluded that Travelsight had a proprietary right to the refund of the purchase price paid to Atlas. However, the basis of the proprietary right was not made entirely clear by the Federal Court. Curiously, although the Federal Court correctly observed that “ upon rescission, beneficial title to property revests with the transferor ”, the Federal Court appears to have regarded that the legal position with regards to beneficial title to money was somehow different, observing that “ English case law is not as clear-cut. ”

The Federal Court then appears to have imposed a constructive trust “ in the remedial sense ” over the property in favour of Travelsight. The Federal Court observed:-

… with rescission, the property would revert to Atlas, that is, by way of mutual restitution. That is the same as to say that without mutual restitution, the property would not revert to Atlas. Atlas had to refund the purchase price to take back the property. We are mindful that “a constructive trust [in the remedial sense] arises whenever the circumstances are such that it would be unconscionable of the owner of the legal title to assert his own beneficial interest and deny the beneficial interest of another. It arises from circumstances which are, ex hypothesi, known to the legal owner, for if they were not his conscience would not be affected” (“Restitution and Constructive Trusts” 1988 Law Quarterly Review Vol 114 page 399, per Millett L.J. at 400) … It could be reasonably assumed that the circumstances that would have been known to Atlas and liquidators were: (i) the full purchase price had been paid, (ii) the property belonged to Travelsight as purchaser and RHB as assignee, (iii) the order dated 15.11.2002 validated rescission and ordered a refund of the purchase price, and, (iv) the purchase price had not been refunded. Given those latter circumstances that would have been known to them, it could be further assumed that Atlas and liquidators should have known that the property was not that of Atlas to deal and dispose as its own. Fairly said, the circumstances that would have been known to Atlas and liquidators were such that it would be unconscionable of Atlas and liquidators to treat the property as its unencumbered asset and deny the beneficial interest of Travelsight and RHB. The circumstances were such that gave rise to a constructive trust, in the remedial sense, which equity imposed on Atlas and liquidators, to deal not with the property as its beneficial property.

However, later in its judgment, the Federal Court went on to observe:-

However, in view of the order dated 15.11.2002 which had supplanted the provisions of the loan agreement that pertained to the property and its redemption, there should not have been that order by the courts below to RHB to reassign the property to Travelsight. Both Travelsight and RHB had agreed to rescission. When they applied for the order dated 15.11.2002, they explicitly agreed to relinquish their respective title and interest in the property in exchange for a refund of the purchase price. Upon the grant of the order dated 15.11.2002, the property was effectively relinquished by both Travelsight and RHB. Hence, as against RHB, when both had agreed to a refund in lieu of property, Travelsight could not later ask for a reassignment of the property that it, together with RHB, had willingly relinquished. It comes to this. Travelsight had a proprietary right to the refund. But the refund was not paid. By right, the property remained with Travelsight as purchaser and RHB as assignee. But that the property had been sold. To pronounce that the property remained with Travelsight and RHB would only be idle …

From an examination of the Federal Court’s judgment, it appears that instead of relying on the “revesting” theory, the Federal Court held that Travelsight had a proprietary right to the refund on the following grounds: (i) First, as Atlas failed to refund the purchase price to Travelsight, a “remedial” constructive trust arose in respect of the property in favour of Travelsight; and

(ii) Secondly, as Atlas failed to refund the purchase price to Travelsight, a resulting trust arose in respect of the property in favour of Travelsight.

The Federal Court appears to have held that Travelsight’s proprietary right to the refund was justified because notwithstanding the constructive trust and resulting trust over the property, Atlas and its liquidators had acted unconscionably in proceeding to sell the property despite failing to refund the purchase price to Travelsight.

The decision of the Federal Court in  Travelsight  is very controversial. There are fundamental problems with the analysis based on trusts.

  • First, the authorities referred to by the Federal Court in its judgment do not in any way support its controversial view that the “ remedial constructive trust is part of English law ”. It remains the case that English law only recognizes institutional constructive trusts and not remedial constructive trusts.  

A remedial constructive trust is an order of the court granting, by way of remedy, a proprietary right to someone who, beforehand, had no proprietary right. (See e.g.  Re Polly Peck International plc (in administration) (No 2)  [1998] 3 All ER 812 at 830 – 831.) If Travelsight had a proprietary right (i.e. a beneficial interest) in the property prior to rescission, there was no basis whatsoever for recognizing and imposing a remedial constructive trust. In such circumstances, the Federal Court’s description of the constructive trust as being “ in the remedial sense ” simply makes no sense.

  • It is submitted that Travelsight’s proprietary right to refund of the purchase price could be justified simply on the basis that, upon the rescission of the SPA between Travelsight and Atlas, the beneficial title to the purchase price revested retrospectively in Travelsight. Accordingly, Travelsight’s claim against Atlas for the refund of the purchase price would have therefore been a proprietary claim, and this was sufficient to give Travelsight priority over the unsecured creditors in Atlas’ liquidation. There was simply no need to resort to the doctrine of constructive trusts or resulting trusts, let alone recognise a remedial constructive trust under Malaysian law, in order to arrive at a just result on the facts of the Travelsight case.

The Federal Court’s reasoning in  Travelsight  in relation to the doctrine of “remedial” constructive trusts appears to have been wholly  obiter  and unnecessary to its decision. As such, it should be treated with great caution. The imposition of a “remedial” constructive trust so as to create proprietary rights where none existed before has severe legal and financial consequences, especially in the commercial world. When one recalls the well-known maxim that “equity does not act in vain”, it can be better appreciated that the purported imposition of the “remedial” constructive trust” by the Federal Court was in reality a case of much ado about nothing.

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Deed of Receipt and Reassignment II

Deed of receipt and reassignment i.

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  • [Member] Sale of Car Park Agreement Template
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  • Assignment (Absolute)
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  • [Member] STANDARD TERMS AND CONDITIONS OF EMPLOYMENT #201221
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  • [Member] Consultancy Agreement Template (3)
  • [Member] APPOINTMENT OF CONSULTANT #101121
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  • Sub Sale Sales & Purchase Agreement, Template for both landed & stratafied properties
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  • Subsale Sales & Purchase Agreement Template (Under construction v3) [s2001]
  • Sale And Purchase Agreement (Subsale, With Title & Early VP To Purchaser)
  • Sale And Purchase Agreement (Subsale For Under Construction Property II)
  • Sale And Purchase Agreement (Subsale For Under Construction Property I)
  • Sales & Purchase of Property With Title [S2012]
  • Sales & Purchase Agreement, Template, Sub Sale, Under Construction
  • Sale & Purchase Agreement of Property #Vendor has no loans #Oct21
  • Sales & Purchase of Land [EP]
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  • Tenancy Agreement
  • Shopping Mall Shoplot Tenancy Agreement
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MY LEGAL WEB

YOUR PERFECT LEGAL COMPANION

  • RECEIPT AND REASSIGNMENT TEMPLATE

Dated this                       day of                                                                               20  

[Name Of Bank] [Company Number]

KWAN KENG LUM

*******************************************

RECEIPT AND REASSIGNMENT

[Name of Company]

[Legal Firm Ref No.]

            THIS RECEIPT AND REASSIGNMENT made the                   day of                                        

1999 BETWEEN [Name of Compnay] (Company No.       ) a company incorporated in Malaysia under the Companies Act, 1965 and having its registered office at [Address] and its place of business at [Address] (hereinafter called “the Lender”) of the one part And [Name] [Identity Number] of No. [Address] (hereinafter called “the Borrower”) of the other part.

            WHEREAS

1.                  By a Loan Agreement Cum Assignment dated [Insert Date] (hereinafter referred to as “the security document”) entered into between the Lender and the Borrower, the Borrower assigned all his rights title and interest to all that parcel of residential space and other related accommodation known as Parcel No. 05, Storey No. 06 of Building No. IC, measuring 58.62 square meters erected or to be erected on part of all that piece of land known as Lot No.  in (hereinafter called “the said Property”) to the Lender in consideration of a loan of Ringgit Malaysia  (hereinafter called “the Loan”) granted by the Lender to the Borrower.

2.                  The Borrower has on or before the date hereof fully repaid to the Lender the Loan together with interest thereon at the prescribed rate and all whatsoever monies due and payable under the security document.

NOW THIS AGREEMENT WITNESSETH as follows:-

1.                  In consideration of the Borrower having repaid all monies owing to the Lender on the security or under or pursuant to the security document and in consideration of the premises herein the parties hereto hereby agree and confirm that the security document is hereby terminated and shall be of no further effect and in particular but without prejudice to the generality of the foregoing it is hereby agreed as follows:-

(i)                  the Lender releases and discharges the Borrower from all agreements covenants conditions and stipulations anything whatsoever on the part of the Borrower therein the security document expressed and contained; and

(ii)                the Lender hereby releases the said Property from any caveat assignment and any whatsoever security therein the security document expressed and contained.

2.                  For the consideration aforesaid the Lender hereby reassigns to the Borrower the said Property together with all the rights title and interest therein and in the Sale and Purchase Agreement dated the 26 th day of May 1992 previously assigned to the Lender by virtue of the security document to hold the same unto the Borrower freed and discharged from all and any claims of the Lender.

3.                  The Borrower hereby revokes the Power of Attorney and every power and authority therein the security document registered under PA No. 1216/93 on the 12 th  day of March 1993 at Penang High Court conferred and the Lender for the consideration aforesaid agrees and concurs with such revocation PROVIDED THAT nothing herein contained shall affect the validity of any act or thing done by the attorney of the Lender by virtue of the powers conferred on him by the security document before the revocation herein contained.

4.                  This Agreement shall be binding upon the heirs executors and assigns of the Borrower and the successors in title of the Lender.

5.                  In this Agreement unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:-

(i)                  words importing the masculine gender include the feminine and neuter genders and vice versa;

(ii)                words in singular include the plural and words in the plural include the singular;

(iii)               where there are two or more persons included in the expression “the Borrower” agreements, covenants, stipulations and undertakings expressed to be made by and on the part of the Borrower shall be deemed to be made by or binding upon such persons jointly and severally.

            IN WITNESS WHEREOF the Attorney of the Lender and the Borrower have set their hands the day and year first above written.

Signed for and on behalf of              )           [Company Name]

EON FINANCE BERHAD                 )              (Company No.      )

(Company No. 9692-K) by its             )                     By Its Attorney

Attorney in the presence of:-                 )

                                                                                 ………………………………

Signed by the Borrower in the   )

presence of:-                                        )

                                                                                                                                                                ………………………………..

                                                                                                                                                                 [ Name]

            I, SAW HOOI LEE, an Advocate & Solicitor of the High Court of Malaya practising in Penang hereby certify that the signature(s)/thumb print(s) of the borrower abovenamed was/were written/affixed in my presence on this              day of                        

1999 and is/are according to my own personal knowledge/according to information given to me by trustworthy and respectable persons namely which information I verily believe the true signature(s)/thumb print(s) of the said [Name] [Identity Number] who has/have acknowledge to me that he/she/they is/are of full age and thathe/she/they has/have voluntarily executed this instrument.

                                                                                   Witness my hand,

                                                                                        …………………………………….

ACKNOWLEDGEMENT

            We, [Company Name],  a company incorporated in Malaysia and having our place of business at No. [Address] do hereby acknowledge that the foregoing Receipt And Reassignment was intimated to us by the delivery of true copy thereof and the same has been duly noted in our records.

                        Dated this               day of                                            20  .

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IMAGES

  1. Deed of Assignment Template

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  2. DEED OF Assignment AND Transfer OF Rights

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  3. Deed of Assignment

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  4. FREE 17+ Deed of Assignment Samples in PDF

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  5. Printable Deed Of Assignment Template

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  6. Deed of Assignment Template

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COMMENTS

  1. What Do You Need To Know About The Deed of Assignment?

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  2. PDF FOR PROPERTY FINANCING Appendix I

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  7. What to Do Once You Settled Your Property Financing?

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  8. Deed of receipt and reassignment in Malaysia by the lawyer

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  9. Deed of Assignment

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    [21] In my judgment, the mere fact that the Deed of Assignment of Contract Proceeds operated as an absolute assignment did not ipso facto mean that the bank's sole recourse was to the obligor, H&I Niaga Sdn Bhd. An examination of the terms of the Facilities Agreement will make it clear that the borrower is not absolved from repayment of ...

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