Q: A property seller intends to settle their property mortgage with their bank before selling the property to me. In other words, the seller said they wanted to go to their bank, wire the outstanding balance to their bank, and wait for the mortgage settlement confirmation letter by the bank. How long does this process usually take in the UAE? Are there any delays by the banks?

Q: Hi. I am going to buy a property in Dubai and entered an MOU. The owner is from Sudan living in Saudi. He is saying he will give a POA and I need to give the sale proceed cheque to the POA. However, the mortgage bank is not accepting to issue a cheque to POA and mentioning they will give cheque only to the owner's name. Please advise

Q: Hi, I am planning to buy a ready apartment in a 2-year-old building. How can I check for any dues on that apartment, would NOC suffice that the mortgage or any dues are cleared? How can I check that the seller does not have court cases against him in relation to property? How do the Service Charges get decided every year, as I understand that it is decided by Dubai Land Department who has defined the Service Index? Should I hire a lawyer to look out all legal aspects and help me till I get the property transferred to me? If yes, then what is the average cost for this service? Regards, Gufran

Q: Hi, I recently sold a property that was under a mortgage. I requested a mortgage liability letter which was issued on 24 May. This was settled by the buyer's mortgage lender and my mortgage clearance letter was issued on 06 June. The property sale was completed on 16 June. My old lender has now (29 June) requested another payment to cover 'errors' that have surfaced in their account booking procedure. Can they do this? Thanks M. M.

Q: Dear all, I am writing to you regarding a property sale breach of contract. I signed a Memorandum of Understanding (MOU) as the buyer of a mortgaged property in Dubai. The purchase I am making is also through a mortgage. However, the seller only cleared the mortgage on the property he is selling to me after I received the final offer letter from the bank for the mortgage I applied for, based on the documents I submitted. The seller signed the MOU to sell a mortgaged property and provided the documents to support this. However, my bank has declined the disbursement because the details have changed without prior notification or explanation. In order to complete the transfer, I have to reapply for a mortgage. The seller has refused to extend the MOU, and a new title deed has to be issued according to the new details of the mortgage-free property. How can I best deal with this situation, since the MOU has expired and everything was done on time from my side? Thank you!

The provisions of this Law apply to the mortgage of real roperty as security for debt. It makes no difference whether the debt is secured by a charge over the whole of the property or over an undivided interest therein or by right in rem or personal right over a property marked as sold off-plan.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.