Flowers and a Blade for the wife

February 22, 2010 (First Appointment in the Resale of an HDB apartment)

"Tonight, I will present my wife with a bouquet of flowers and a blade," the husband's first appointment at the Housing & Development Board's first appointment was aborted. The Housing & Development Board (HDB) officer had shown him a 2-page letter hand-written in big letters from his file across the table and said: "Your wife had written to object to the sale of the HDB flat. You have to engage a private lawyer or bring your wife to see me to withdraw her objection. I am sorry I can't proceed with the processing of the sale now."

This was a man in dire straits. Down and out. A bankrupt. "How do you expect him to engage the services of a private lawyer when he is a bankrupt and unemployed?" I asked the HDB official. I was helping Realtor Khin Khin in her first case and after a caveat lodged by a bank of this man's first buyer, I thought this first appointment was a formality. The racehorse had galloped past the turn and was in the straight heading towards the finishing post.

The Buyer's Agent, a slim serious looking housing agent who had just given the HDB officer the original letter from the Official Assignee (OA) approving the sale of this HDB flat said, "The private lawyer could be paid from the proceeds of the sale."

The HDB officer flashed the OA's letter at her: "I am sorry to say that there will no proceeds from the sale for the Seller." He meant that the OA would grab all the monies on completion of the sale. So, no money to pay a private lawyer's fees which would be at least $1,200 in cash. More if the case is complicated. This man in dire straits was hanging around a shopping mall according to Khin Khin who frequented the same place. Therefore he could not be gainfully employed.

"If the private lawyer is paid, is there a guarantee that the sale can proceed if the wife still objects?" I asked the HDB officer, a pale-faced trim man with reddish brown hair was sympathetic but he would not give any legal advices. Why should he take the risk?

However, he was a kind man as he gave this man in dire straits a second chance, during his lunch-time next week. He could just postpone the next appointment several weeks later if he exercised his powers. The HDB officials are very helpful in some of my experiences of dealing with them.

If this man in dire straits, at the pits could not sell his HDB apartment, the HDB would force sell at 90% of valuation. That meant he would lose at least 10% of the sales proceeds. Although he would not get any cash at the completion of sales, he still would get money returned to his Central Provident Fund (CPF). The OA would return all his CPF monies from the sales proceeds to the CPF before paying the other creditors. I calculated that the balance would be around $5,000 for the creditors.

With his wife's objection lodged without his knowledge 2 months ago, he was fixed. If the HDB forced sale his apartment, he would lose out a lot of money.

As we left the HDB, I knew that this man was pushed to his mental limits. Would he be committing murder? I asked him "Why do you want to present your wife the flowers and the blade together?"

"Well, she has to choose one or the other," the man in dire straits said. "It will be best if you can arrange a meeting with your wife and I together to talk over," I knew that this man had suppressed his emotions and his frustrations for many months. I was surprised that he was not involved with the loan sharks as his HDB apartment was spared the spraying of paint and vandalism. He and his wife were residing there in peace. If he could complete the sale of his HDB apartment, he could have some freedom to travel overseas to work. Now, the OA would not permit him to travel overseas as he did not "contribute" to return monies to the debtors.

It is not easy to contact this man by phone as his top-up card and phones keep being "lost". Now, there are 7 days to wait and see.