I took a loan from Mr. X (who is not a licensed money lender). Mr. X asked me to execute a Sale and Purchase Agreement (“SPA”) and Memorandum of Transfer (“MOT”) of my property to him as security for repayment of the loan. Later, I discovered that my property was transferred to Mr. Y. Can I recover back my property and have it re-registered in my name?

But the property has been transferred to Mr. Y who is not the money lender. Does he have a good title?

What is a bona fide purchaser for valuable consideration?

Case in point: Pannir Selvam a/l Sinnaiyah & Anor v Tan Chia Foo & Ors [2021] 7 MLJ 384. High Court (Johor Bahru) – Civil Suit no: JA-22NCvC-273-12 of 2017