s 27F Order of court for transfer or sale of HDB flat with charge under section 21B(1) or 21C(1)
27F.—(1) Where —(a) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21B(1); (aa) any of the following charges exists or has been constituted:(i) a charge under section 21B(1) on the HDB flat to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made); (ii) a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub-paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;[Act 33 of 2024 wef 01/04/2026] (b) the HDB flat or replacement property (as the case may be) in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons;[Act 33 of 2024 wef 01/04/2026] (c) an order of court is made requiring the transfer (other than by way of sale) of the member’s interest in the HDB flat or replacement property (as the case may be) to his or her spouse; and[Act 33 of 2024 wef 01/04/2026] (d) the spouse is a citizen or permanent resident of Singapore, then, subject to subsection (1A) and any regulations made under section 77(1), the following provisions apply: (e) the member or, if the order of court requires any person to do so, that person must pay to the Fund to the credit of the member —(i) any amount which the Board is entitled to recover on behalf of the Government under section 14(3) or (3A); (ii) any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6); and (iii) such other amount (if any) as the order of court may require to be paid to the Fund to the credit of the member; (f) if the HDB flat is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; (g) despite section 21B(11), upon the transfer of the member’s interest in the HDB flat to his or her spouse and upon payment in accordance with paragraph (e), if applicable, any charge constituted on the HDB flat under section 21B(1) ceases to secure the repayment of the money withdrawn from the Fund by the member, including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made, and, if that is the only money secured by that charge, ceases to be in force; (h) a charge is constituted on the HDB flat to secure the payment referred to in paragraph (f); (i) sections 21(12) and 21B(2), (3) and (5) to (11B) apply, with the necessary modifications, to the charge under paragraph (h), and for the purposes of such application —(i) any reference to the charge under section 21B(1) is to be read as a reference to the charge under paragraph (h); (ii) any reference to the member is to be read as a reference to the spouse; and (iii) any reference to an encumbrance specified in section 21B(3)(c) is to be read as a reference to an encumbrance referred to in paragraph (k);[Act 33 of 2024 wef 01/01/2026] (j) the charge under paragraph (h) is in addition to the charge referred to in paragraph (g), if the charge referred to in paragraph (g) continues to be in force; and (k) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988, in the absence of any agreement as to priority, the charge under paragraph (h) —(i) is not subject to any encumbrance registered or notified on or after the date of the constitution of the charge referred to in paragraph (g); and (ii) ranks equally with the charge referred to in paragraph (g), had it continued or if it continues to be in force, in the order of priority of interests in the HDB flat.[23/2012; 26/2016] [Act 33 of 2024 wef 01/04/2026] (1A) In the case of a charge mentioned in subsection (1)(aa)(ii) on a replacement property, subsection (1) applies with the following modifications:(a) any reference to the HDB flat in subsection (1)(f), (g), (h) and (k) is to be read as a reference to the replacement property; (b) in addition to subsection (1)(i), any reference to the HDB flat in section 21B(2), (3), (5) to (8) and (10) to (11B) is to be read as a reference to the replacement property.[Act 33 of 2024 wef 01/04/2026] (2) Except in a case to which subsection (1) applies, where —(a) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21B(1); (aa) any of the following charges exists or has been constituted:(i) a charge under section 21B(1) on the HDB flat to secure the repayment to the Board of the money withdrawn from the Fund (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made); (ii) a charge constituted under section 21C(1) on a replacement property to secure the repayment to the Board of that money and interest, where the relevant charge referred to in section 21C(1)(a) is a charge mentioned in sub-paragraph (i) or a charge under section 21C(1) for the repayment to the Board of that money and interest;[Act 33 of 2024 wef 01/04/2026] (b) the HDB flat or replacement property (as the case may be) in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons; and[Act 33 of 2024 wef 01/04/2026] (c) an order of court is made requiring the transfer or sale of the member’s interest in the HDB flat or replacement property (as the case may be) to any person,[Act 33 of 2024 wef 01/04/2026] the following apply: (d) any charge mentioned in paragraph (aa) continues in force until all moneys secured by the charge —(i) have been repaid to the Fund; or (ii) are no longer required by any regulations made under section 77(1) to be repaid to the Fund; and[Act 33 of 2024 wef 01/04/2026] (e) despite paragraph (d), where the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, the charge, on the application of the member, the person referred to in paragraph (c) or any other person having an interest in the HDB flat or replacement property (as the case may be), ceases to be in force if the Board approves the application.[23/2012] [Act 33 of 2024 wef 01/04/2026]