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July 31, 2014
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Transferring title for property used as collateral

A man has been waiting for more than three years to get the title for a property he bought in St James.

According to the purchaser, he bought the land for $1.2 million. He said he paid the vendor in three instalments and got receipts for the money. He said he asked a relative to check on the property and it was discovered that there were real problems involving the sale of the property.

"It is very difficult to believe that, after I made the final installment on the property, the vendor went and borrowed money on the property," the purchaser said.

"I am living abroad and it was when I came to Jamaica on a visit three years ago that I decided to purchase the property for $1.2 million as a result of a valuation report. I sent the money in three installments to the purchaser and I have the receipts. I have been in contact with the purchaser and, when I asked him how soon I would be able to get the title for the property, he gave me numerous excuses.

"Last month, I asked one of my relatives to check on the title for me at the Titles Office. My relative found out that there is a caveat on the title because the purchaser used the title to borrow money from the credit union after I made the final payment.

"I am now so fed up with the situation that I just feel like giving up. My wife is insisting that I demand that the purchaser refund my money with interest or get the caveat removed from the title so it can be transferred to me," he said.

The title for the property cannot be transferred to you until the money which the purchaser borrowed has been paid. You must bear in mind that, when an individual is going to purchase a property that you must engage the services of a lawyer. There must be an agreement of sale and a definite period must be given for completion of the sale. There can be penalties if either party breaches the terms and conditions of the sale agreement.

You can sue the purchaser for specific performance so that the title for the property can be transferred to you. It is also open to you to demand or sue the purchaser for your money to be returned with interest or to pay you the current value of the property.

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