Hi Gay and all

Once again, it appears that our understanding of the facts around settlement of UCOL is different. I have doubts that you Gay, and your Lawyer have fully understood our legal agreement with Kiwibank.

Stephen Edge made it very clear at every meeting I have attended (three in person and one at a teleconference) that Kiwibank will not release any title until all of UCOL's loan (approx 7.5 million dollars) has been repaid to the bank.

item 1: individual discharges of mortgages over each title. This is NOT an option!
item 5: If 12 payments (e.g.) arrive in the morning, 12 titles could be released in the morning. This is NOT the case!

To make it clear for yet another time, there are 25 settlements on the actual day. 24 individual settlements for sale and purchase between unit holder and UCOL; and 1 settlement between UCOL and Kiwibank over the repayment of the construction loan of 7.5 million dollars. 
Kiwibank will not release ANY title until paid in full. Most of the 24 unit holders must have paid in their balance to UCOL without having received their title yet, then Kiwibank gets paid, and only after that the 24 x 2 mouse clicks can happen.
If on the day less than 7.5 million is received by UCOL, or the bank transfer to Kiwibank doesn’t happen in time, no-one will settle!

Stephen Egde understands our loan agreement well and I will follow his advice to stay with a larger law firm:

When settlement time arrives for UCOL there will be a very large amount of legal work needing to be done in a very short period of time. A larger law firm will typically have the resources to draw upon to meet the time demands involved with multiple property settlements all occurring on the same day. To minimise the possibility of problems occurring at settlement time it would be my preference for a larger law firm to handle this work.   Regards Stephen Edge


Regards Rainer


I check my emails once a day. Please call me if you need an urgent reply.

Rainer Beneke
+64 21 144 7700





On 28/06/2019, at 5:17 PM, Gay Buckingham <gaybuckingham@tuatara.net.nz> wrote:

I have been asked to share the notes I took from my yesterday’s meeting with Garth Lucas of Lucas & Lucas. (Garth is a senior practitioner in a highly regarded law firm with extensive conveyancing experience.)  

 

Garth’s advice:

1:         the panic is not real
If one of our lawyers for any reason didn’t turn up with the last $ on 24/11/20 the buildings will still be there
The cohousing bank could be asked for individual discharges of mortgages over each title – the cost would be $80 per unit

 

2:         Everything (required for settlement on 24/11/20) can be prepared in advance.
As soon as the unit title plan is available (after surveying) all the documents can be prepared. (There is communication between all conveyancers prior to settlement.)
No one will have to check documents on 24/11/20

 

3:         We (shareholders) can monitor this in advance and we should do this.
Whichever lawyer we choose should be prepared to have external peer review/audit of the preparation

 

4:         We can ask for certifications that everything is done and up to date and that undertakings are all in place – two or even three times

 

5:         On the actual day
– the bank deposits are received
– the titles are released (about two mouse clicks once the lawyer is logged in)
– and the accumulated money is transferred to clear the mortgage – credit the cohousing company. If 12 payments (e.g.) arrive in the morning, 12 titles could be released in the morning.

 

Last night there was immediate objection to the additional costs associated with peer review/auditing so I emailed him about that this morning. His reply as follows:

 

If you change to a law firm that operates in teams, then you are paying for team members to meet and plan things, review things, check each other’s work.  That’s two people at $450 an hour, and another two at an average of $200 an hour, all meeting for 90 minutes  and $2000 spent on that meeting alone plus GST, and because it’s part of what the big firm is doing, and what would be behind the banker’s recommendation that  a big firm team is required.   

And, yes, everything costs, and if there is legal work there is a charge. 

If Helen was asked to work with another person, then, yes there may be some diplomacy required.  Obviously Helen would not want someone to come in an nitpick over her work and then report on her on shortcomings to her clients.  She would be much more comfortable if you said that you have a lot at stake in preparing for the settlement, and would like a joint report from her and the reviewer, or McMillans etc detailing what is done and how ready you are.    Helen will understand that there are a lot of you and some know her better than others. 

 

So, fellow shareholders, I hope that’s helpful.

 

Gay

 
 
Gay Buckingham
+64 27 4544012



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