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Rumah akan dilelong dalam masa terdekat. Bagaimana membatalkan tarikh lelongan?

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asked on Apr 20, 2016 at 05:03
by   Lyda Muzahidin
edited on Apr 25, 2016 at 18:33
 
Saya mohon advise dari forumer. Rumah saya akan dilelong dalam tempoh masa terdekat ini. Soalan saya:

1. Bagaimanakah cara untuk saya membatalkan tarikh lelongan ini?
2. Saya perlukan masa untuk selesaikan tunggakan 7 bulan kepada pihak bank.
3. Saya tidak terima apa apa surat dari bank tentang tarikh lelongan.
4. Tetapi ada beberapa orang telah datang ke rumah dan ambil gambar.

Saya berharap kalian dapat bantu saya dalam pekara ini.
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answered on Apr 20, 2016 at 21:11
by   jebat
Apa yang diberitahu oleh orang yang datang ambil gambar?
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answered on Apr 24, 2016 at 06:22
by   Lyda Muzahidin
edited Apr 25, 2016 at 18:36
 
My property was auctioned on 19/4/2016. The question is how I can fight for this property back. I have ask some lawyer, and they said if I want fight can do it but the fees is about RM30k.

Then I think I can fight myself. Can you help me with this.
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answered on Apr 25, 2016 at 02:41
by   jebat
What is the reason you want to fight for this property back?
What about the buyer who already paid for the property?
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answered on Apr 26, 2016 at 16:18
by   Lyda Muzahidin
edited May 17, 2016 at 07:49
 
I have a reason why I need it...because they never inform me about the auction ...

The buyer just pay 10% only..  if I want to fight back is it worth it for me?
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answered on May 4, 2016 at 01:40
by   vkpc
edited May 17, 2016 at 07:56
 
I have a reason why I need it...because they never inform me about the auction ...
The people who take gambar already inform you about the auction....

The buyer just pay 10% only..
Betul-lah, normally people take 90% loan.

if I want to fight back it worth for me?
You will need a High Court injunction to stop the buyer.
Normally, lawyer will charge about RM 60-70k to try get an injunction.

Another way for you is to refuse to move out of your house.
The buyer cannot force you to move out and the police will not get involved in civil case. ( this is not a criminal case )
When buyer try to get a Court Order to force you out, you represent yourself in Court and drag the case for 2 years. ( without lawyer ). Imagine how much you gain in free rental. Wow!
Buyer will have to pay his lawyer another RM50k to finally get the Court Order.
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answered on May 12, 2016 at 23:31
by   Oreo
edited May 17, 2016 at 07:58
 
Wow great free rental! If I am the buyer, I will sue you for trespass and claim back all the losses I suffered because you refused to move out from your house after you had failed to pay your whatever loan to the bank which the bank had subsequently auctioned your house and now, you are just being an S to everyone else. And yes, there is a way to get the police involved in this. This is such a despicable thing to do. Push the buyer to a corner and I am afraid he might just set fire to your house. Well just saying. 
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answered on May 17, 2016 at 19:47
by   Witness
@vkpc

The buyer cannot force you to move out and the police will not get involved in civil case. ( this is not a criminal case )
I agree with Oreo that police can be involved in this. I am a first-hand witness to the following incident:

About 10 years ago around 3pm, few repossessors turned up at my neighbour's house. They saw the car to be repossessed, parked in the front car porch. But the front gate, which was a swinging type (not auto sliding) was locked and there was no answer. Later, police turned up, which I believed to be witness ensuring they are entering the house with permission of the police. I was watching with my mouth agape at what happened next...

Since the gate uses hinges, the repossessors simply pushed one side of the gate up and out of the hinge and placed it against the wall. The incident was so much like police catching criminals or Ah Long chasing debts. All of those people then entered the property. The police tried to open the door of the house and alas! it was not locked. The police then entered the property and checked on the house. Isn't this trespassing? They checked all rooms, and an old man in his 70's woke up to the shocked of his life from one of the bedroom. Poor man, luckily he did not have a heart attack. Gosh! That was so unprofessional.

I talked to him and was told that his son never informed him about defaulting his hire purchase payments. After the repossessor explained to him the situation, he immediately went to the bank to withdraw his life savings to settle the outstanding due for his son. His son was still at work that time leaving the car at home which was coincidentally unable to start that morning. The bank did not repossess the car in the end. The son is a known filial son and never expected this would happened as he was having some financial problems in business. The son then borrowed monies from his friends to repay everything. They never lodged any complaint against any party. What happened next... internal family matters.
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answered on May 17, 2016 at 20:42
by   witness2
edited May 18, 2016 at 01:19
 
Some people are teaching wrong things here.

A car can be repossessed inside a gated compound. The car belongs to the hire purchase (H/P) bank. Not the Hirer.

Once a report has been made to the nearest police station, the police have to help to witness the repossession.

What lesson is being taught here is that police will not enter a rich politician house even if they know there is a suspected criminal is hiding inside. Must apply for Court Order/warrant in order to search the house.

Nonsense..!!

So try to live inside a house that no longer theirs and not need to pay rent. Serious misleading information being given in this forum by those who instead of helping people, teach people how to breaks laws.
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answered on May 18, 2016 at 01:40
by   vkpc
If I am the buyer, I will sue you for trespass....
You can sue start sueing for trespass only after you obtained a Court Order.
If previous owner moves out after the Court Order was finally obtained, then nothing to sue lah.

Get the facts right.
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answered on May 18, 2016 at 01:56
by   vkpc
For those who are not familiar with the law,
the previous owner remains and continues to be the legal householder until a Court Order says otherwise, or if the householder moves out.
The police will also recognize the occupants as the legal householder and will advise the buyer to avoid doing stupid things like harassing the occupants, breaking in or locking the house.

If the house becomes locked for some reason, the legal householder can ask a locksmith to unlock it.
If things in the house become missing due to buyer breaking in, householder can sue the buyer.

Some buyers pay the householders RM 10k to RM 15k to persuade them to move out, an amount equivalent to the expected free rental that can be obtained.
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