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Permitted sale or compulsory acquisition, and disposition of proceeds, of house or flat mortgaged to private lender

Central Provident Fund (Approved Housing Schemes) Regulations 1986

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—(1) This regulation applies to any house or flat which has been mortgaged by a member to a private lender as security for a private housing loan, whether or not the mortgage is discharged at the time of the sale, transfer, assignment, disposal or compulsory acquisition (as the case may be) of that house or flat.(2) The Board may, in its discretion and subject to such terms and conditions as it may impose, permit a member who —(a)has withdrawn any moneys under these Regulations in respect of a house or flat; or(b)is required under section 27D(1)(h), 27DA(1)(g), 27DB(2)(c) or 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat,to sell, transfer, assign or otherwise dispose of the house or flat or any of the member’s estate or interest in the house or flat, if the Board is satisfied that adequate arrangements have been made to cause the proceeds of the sale, transfer, assignment or disposal to be applied in the following order of priority:(c)firstly, to discharge any statutory rights and charges of any public authority under any written law over the house or flat;(ca)secondly, to discharge any subsidy recovery amount in respect of the house or flat, being an HDB flat;(d)thirdly, to discharge any encumbrance registered or notified prior to the date of constitution of the Board’s charge over the house or flat;(e)fourthly, to pay the Board and the private lender in the order of priority set out in paragraph (5), provided that the total sum paid to the Board must not exceed the maximum sum as determined in accordance with paragraph (6); (f)fifthly, except as otherwise provided in sub-paragraphs (c), (ca), (d) and (e), to pay all other parties to whom moneys are owed by the member in respect of the house or flat, according to the order of priority set out in the Housing and Development (Mortgage to Lender) Rules (R 10).(3) Paragraph (2) does not apply where the sale, transfer, assignment or disposal mentioned in that paragraph is a relevant transaction and a continued charge is constituted or an undertaking is deemed under section 21C(1)(d) or (2) of the Act (as the case may be) as a result of the sale, transfer, assignment or disposal.(4) Where —(a)a member —(i)has withdrawn any moneys under these Regulations in respect of a house or flat; or(ii)is required under section 27D(1)(h), 27DA(1)(g), 27DB(2)(c) or 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat; and(b)the house or flat in respect of which the withdrawal was made is compulsorily acquired under —(i)section 63 of the Housing and Development Act 1959;(ii)section 46 of the Jurong Town Corporation Act (Cap. 150, 1998 Revised Edition); or(iii)any other written law,the member must cause the compensation paid upon the acquisition to be distributed according to the order of priority set out in paragraph (2).(5) For the purpose of paragraph (2)(e), the proceeds of the sale, transfer, assignment or disposal must be paid to the Board and the private lender in the following order of priority:(a)firstly, in payment to the private lender of an amount equivalent to the amount outstanding under the private housing loan as at the relevant date, less all payments made by the member after the relevant date to the private lender towards the private housing loan;(b)secondly, in payment to the Board of the aggregate of —(i)the total, up to 100% of the ascribed value, of —(A)all moneys withdrawn by the member under these Regulations in respect of the house or flat (excluding the sums mentioned in sub‑paragraph (ii)); and(B)if the member is required under section 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of the house or flat, all moneys withdrawn by the spouse of the member under these Regulations in respect of the house or flat (excluding the sums mentioned in sub‑paragraph (iii)(A) and (B)), less any portion of those moneys which has been paid to the Fund to the credit of the spouse under section 27F(1)(e) of the Act;(ii)all moneys withdrawn by the member under these Regulations to pay —(A)any improvement contribution; or(B)any costs, fees or other expenses incurred in connection with the withdrawal of moneys under these Regulations or the purchase or acquisition and mortgage of the house or flat; and(iii)if the member is required under section 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of the house or flat, all moneys withdrawn by the spouse of the member under these Regulations to pay —(A)any improvement contribution; or(B)any costs, fees or other expenses incurred in connection with the withdrawal of moneys under these Regulations or the purchase or acquisition and mortgage of the house or flat,less any portion of those moneys which has been paid to the Fund to the credit of the spouse under section 27F(1)(e) of the Act;(c)thirdly, in payment to —(i)the Board of —(A)the balance of the total sum withdrawn by the member under these Regulations in respect of the house or flat, which has not been paid to the Board under sub‑paragraph (b);(B)all interest that would have been payable on the total sum withdrawn if the withdrawal had not been made; and(C)if the member is required under section 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of the house or flat, the excess (if any) of the relevant amount over the sums mentioned in sub‑paragraph (b)(i)(B) and (iii); and(ii)the private lender of any unpaid interest accruing after the relevant date under the private housing loan,all payments to rank equally without preference; (d)fourthly, in payment to —(i)the Board of all costs and expenses incurred by it in connection with its charge which it is entitled to claim from the member under these Regulations and the Act; and(ii)the private lender of all costs and expenses incurred by it in connection with the mortgage which it is entitled to claim from the member under the private housing loan,both payments to rank equally without preference.(6) For the purpose of paragraph (2)(e), the maximum sum is to be determined as follows:(a)subject to sub-paragraphs (b) and (c), the maximum sum is an amount equivalent to such of the following amounts as may be applicable to the member or, if both amounts are applicable to him or her, the aggregate of both amounts:(i)where paragraph (2)(a) applies to the member, all moneys withdrawn by him or her under these Regulations in respect of the house or flat (including any moneys lent to that member under section 14A of the Act in connection with the purchase or acquisition of that house or flat and withdrawn by that member under regulation 4A which have not been repaid), together with the whole or such part (as the Board may determine) of any interest that would have been payable on the moneys if the withdrawal had not been made;(ii)where paragraph (2)(b) applies to the member, the relevant amount;(b)subject to sub-paragraph (c), where the relevant transaction is entered into with any person without consideration or for a consideration below the market value of the house or flat, the maximum sum is an amount equivalent to such of the following amounts as may be applicable to the member or, if both amounts are applicable to him or her, the aggregate of both amounts:(i)where paragraph (2)(a) applies to the member, all moneys withdrawn by him or her under these Regulations in respect of the house or flat (including any moneys lent to that member under section 14A of the Act in connection with the purchase or acquisition of that house or flat and withdrawn by that member under regulation 4A which have not been repaid), together with any interest that would have been payable on the moneys if the withdrawal had not been made, or such part of the interest as the Board may determine;(ii)where paragraph (2)(b) applies to the member, the relevant amount, or such part of the relevant amount as the Board may determine; (c)where the member transfers (other than by way of sale) his or her estate or interest in the house or flat to his or her spouse pursuant to an order of court mentioned in section 27D(1)(d), 27DA(1)(c), 27DB(1)(c) or 27F(1)(c) of the Act, the maximum sum is an amount equivalent to —(i)in the case of an order of court mentioned in section 27D(1)(d) of the Act, any amount mentioned in section 27D(1)(f) of the Act;(ii)in the case of an order of court mentioned in section 27DA(1)(c) of the Act, any amount mentioned in section 27DA(1)(e) of the Act; (iii)in the case of an order of court mentioned in section 27DB(1)(c) of the Act, any amount mentioned in section 27DB(2)(a) of the Act; or(iv)in the case of an order of court mentioned in section 27F(1)(c) of the Act, the aggregate of such of the amounts mentioned in section 27F(1)(e)(i), (ii) and (iii) of the Act as may be applicable.(7) For the purposes of section 21B(3)(d) and (9)(e) of the Act, the Board’s charge and the private lender’s mortgage of the house or flat rank according to the order of priority set out in paragraph (5), provided that the total sum paid to the Board must not exceed the maximum sum as determined in accordance with paragraph (6).(8) For the purpose of section 21B(9)(f) of the Act, the payment of moneys must be in the order of priority set out in the Housing and Development (Mortgage to Lender) Rules.(9) Regulations 13 and 14 do not apply to any house or flat to which this regulation applies.(10) In this regulation —“ascribed value” means the value ascribed to the house or flat by the Board for the purposes of these Regulations;“improvement contribution” means the improvement contribution payable to the Housing and Development Board under the Housing and Development Act 1959 or the improvement contribution payable to a Town Council under the Town Councils Act 1988;“private housing loan”, in relation to a house or flat, means a loan granted by a private lender to a member solely to finance or re‑finance the purchase or acquisition of the house or flat;“private lender” means —(a)any bank as defined in section 2(1) of the Banking Act 1970;(b)any finance company licensed under the Finance Companies Act 1967;(c)any direct insurer registered under the Insurance Act 1966;(d)any merchant bank as defined in section 2(1) of the Banking Act 1970; or(e)in relation to a member, any person which the Housing and Development Board has approved as a mortgagee of that member’s house or flat;“proceeds”, in relation to any house or flat, means the consideration for the sale, transfer, assignment or disposal of the house or flat, or, if the Board so elects, the value of the house or flat at the time of the sale, transfer, assignment or disposal as assessed by the Board;“relevant amount” means —(a)in relation to a member who is required under section 27D(1)(h) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat, the excess (if any) of —(i)the amount which the spouse of the member —(A)has given an undertaking to refund to the Board under section 15AB(3) or (4) of the Act or a former provision; or(B)is deemed to have given an undertaking to refund to the Board under section 21C(2) or 21D(1) of the Act,in the event the house or flat is sold or otherwise disposed of; over(ii)the amount which has been paid to the Board under section 27D(1)(f) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside;(b)in relation to a member who is required under section 27DA(1)(g) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat, the excess (if any) of —(i)the amount payment of which was secured by all of the charges on the house or flat mentioned in section 27DA(1)(b) of the Act; over(ii)the amount which has been paid to the Board under section 27DA(1)(e) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; (c)in relation to a member who is required under section 27DB(2)(c) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat, the excess (if any) of —(i)the amount payment of which was secured by all of the charges on the house or flat mentioned in section 27DB(1)(b) of the Act; over(ii)the amount which has been paid to the Board under section 27DB(2)(a) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; or(d)in relation to a member who is required under section 27F(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a house or flat, the excess (if any) of —(i)the amount which would have been payable into the account of the member’s spouse in the Fund under sub‑paragraph (a) or (b) of paragraph (6) (excluding such interest or part of such interest payable under those sub‑paragraphs as the Board may determine), if there was no order of court mentioned in section 27F(1)(c) of the Act requiring the transfer (other than by way of sale) of the spouse’s interest in the house or flat to the member; over(ii)the amount which has been paid to the Fund to the credit of the spouse under section 27F(1)(e) of the Act;“relevant date” means the date —(a)when there is a default in payment of the private housing loan which has not been rectified by the member;(b)of redemption of the private housing loan; or(c)on which a notice of intention to compulsorily acquire the house or flat under any written law is served on the member,whichever is the earliest;“relevant transaction” means the sale, transfer, assignment, disposal or compulsory acquisition of the house or flat, as the case may be;“spouse” includes a former spouse.

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