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The Legal Side of Real Estate


rickyv

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Simple: Get a xerox copy of the title. Then go to the office of the Register of Deeds (Makikita mo kung saang RD ito coz nakasulat sa itaas ng title). Pagdating mo sa RD, magpi-fill-up ka lang ng verification slip. Bayad ka ng verification fee (I think P40.00 but I'm not very sure) then pababalikin ka after about 3 days. Pagbalik mo, bibigyan ka ng certification at doon mo makikita kung clean title. OK?

 

 

 

While this is the correct usual procedure, you should be forewarned that the records of the ROD is not fool proof. There are areas I consider the wild wild west, particlary those covering pampanga and tarlac and nueva ecija where the records is up to the highest bidder. Makati is I think the most accurate.

 

Beyond the title, be wary of litigation or cases where the land may be subject to. Sometimes the fact that the land is subject of a claim or case is not annotated in the back of the title. Get a court clearance and make the seller issue a warranty.

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mga atty ka mtc uso ba sa atin dito sa pinas ang kaso misrepresentation? bale dealer ako ng isa sikat na product tapos para lang makuha ng ahente mga commision nya he told us nasa top three kami sa awardee, so kami naman kuha kahit madami pa stock tsk. another thing mga tao ko lang ang witnesses paro lahat willing to testify against him. ano parusa sa ganito? thanks in advance

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SITUATON: I purchased a lot in a subdivsion in our area, done it by paying monthly, after payment has been made, we found out that the company selling the property was not issued an "authority to sell". I't been 3 years since we made our last payment and been to their office many times to acquire the title but to no avail, we still not able to get the title from the company.

 

QUESTION: What action can we do to rush or get the title of the property which really belong to us since we made full payment?

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SITUATON: I purchased a lot in a subdivsion in our area, done it by paying monthly, after payment has been made, we found out that the company selling the property was not issued an "authority to sell". I't been 3 years since we made our last payment and been to their office many times to acquire the title but to no avail, we still not able to get the title from the company.

 

QUESTION: What action can we do to rush or get the title of the property which really belong to us since we made full payment?

 

Just a suggestion, why don't you go to the Housing and Land Use Regulatory Board (HLURB) to make a complaint. Developers need to have an authority to sell from the HLURB before they can start selling the lots. If no recourse can be had, then the next thing would probably to prepare for the filing of a civil case.

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tanong lang to about sa pag-ibig fund loan

 

kasi sabi ng developer namin, hindi 100% na buo ang ibibigay sa kanila ng pag-ibig sa loan naming amount.

 

e.g. 1.5 million ang ilo-loan namin sa pag-ibig, pero mga 1.2 million lang ang ibibigay daw ng pag-ibig sa developer.

 

totoo ba yun? alam ko kung anong amount ang ilo-loan yun ang ibibigay nila ng buo sa developer.

 

for house and lot ito.

 

 

solve na yan kasi nakausap ko na mismo developer namin. thanks na rin kahit alang sumagot :(

 

 

eto naman next question ko, sana may makasagot na:

 

since nakakatakot isiping yung 30 yrs kang maghuhulog ng iyong bahay...

 

halimbawa naka-loan na kami ng 1 million, then after one year nakaipon kami ng 500k, then ibibigay namin lahat yung 500k sa pag-ibig... now pano ba kwentahan dito, yung bang ni-loan naming 1 million maging 500k na lang sya? then yung 500k na lang ang huhulugan namin monthly? or para lang sa interest yung 500k na ibibigay namin?

 

yung kasing 1 million for 30 yrs, 9,147.39 sya monthly, so x 30 = 3,293,060.4

 

di kaya pag nagbigay kami ng 500k ay ili-less lang nila yun sa 3,293,060.4?

 

meron na ba gumawa neto senyu? pls paki-explain naman

 

TIA

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hello, i would like to request for advice from the legal experts here.

 

our house is an ancestral house that was built in 1940. Last friday, people from the MMDA's Sidewalk Clearing Operations Group (SCOG) took away our flowerpot iron grills and built-into- the house flowerpots. It was lucky that i returned to the house at noon or else they would have probably destroyed the front of our house. This demolition came as a surprise as we did not receive any notice from them.

 

They said that our house was nakahambalang (MMDA Resolution No. 02-28, Series of 2002) and that our house sagabal s sidewalk (DPWH's Department Order No. 52, series of 2003). The MMDA people are saying the sidewalk should be 3 meters. You see the front of our house has only 1 meter sidewalk right now. The house was built long ago and it was allowed under that time. My father is very sure that the house is not violating anything.

 

Our house is a three story apartment type building. My immediate concern is our safety if ever they insist of tearing the front of the first floor down without us making the appropriate preparations. It was really shocking to come home last friday and seeing the house was going to be demolished. They did it without prior notice and at the time of the demolition, there was nobody inside the house. several other establishment/ houses near us have facing the same issues. even the police station accross our street will not be spared from this crazy sidewalk widening drive that they have.

 

Please advice if the MMDA has really legal basis in destroying the front part of our house and actions that we can do. As of now, we haven't prepared much yet. Last friday, our lawyer created a handwritten note and we faxed it to the MMDA office. Today, my father created a letter addressed to the Honorable MMDA Chairman asking for stop to this until we sort the issue out with them. We will submit the letter tomorrow.

 

Many Thanks

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hello, i would like to request for advice from the legal experts here.

 

our house is an ancestral house that was built in 1940. Last friday, people from the MMDA's Sidewalk Clearing Operations Group (SCOG) took away our flowerpot iron grills and built-into- the house flowerpots. It was lucky that i returned to the house at noon or else they would have probably destroyed the front of our house. This demolition came as a surprise as we did not receive any notice from them.

 

They said that our house was nakahambalang (MMDA Resolution No. 02-28, Series of 2002) and that our house sagabal s sidewalk (DPWH's Department Order No. 52, series of 2003). The MMDA people are saying the sidewalk should be 3 meters. You see the front of our house has only 1 meter sidewalk right now. The house was built long ago and it was allowed under that time. My father is very sure that the house is not violating anything.

 

Our house is a three story apartment type building. My immediate concern is our safety if ever they insist of tearing the front of the first floor down without us making the appropriate preparations. It was really shocking to come home last friday and seeing the house was going to be demolished. They did it without prior notice and at the time of the demolition, there was nobody inside the house. several other establishment/ houses near us have facing the same issues. even the police station accross our street will not be spared from this crazy sidewalk widening drive that they have.

 

Please advice if the MMDA has really legal basis in destroying the front part of our house and actions that we can do. As of now, we haven't prepared much yet. Last friday, our lawyer created a handwritten note and we faxed it to the MMDA office. Today, my father created a letter addressed to the Honorable MMDA Chairman asking for stop to this until we sort the issue out with them. We will submit the letter tomorrow.

 

Many Thanks

 

While I am not sure of the legal basis for the MMDA Resolutions, reason would dictate that they have to give prior notice in cases of demolitions (they claim to have given that to vendors for sidewalk clearing operations). While you did the right thing in notifying the MMDA, my suggestion is get a lawyer to file a Temporary Restraining Order with the RTC. This means filing a case against the MMDA. You might want to post this on the Legal Thread proper, the other lawyers may have better solutions. Good luck.

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I am interested in purchasing property and the contact person on the seller's side requires the buyer to submit a Letter of Intent and Offer. The Letter of Intent is supposed to be addressed to the contact person on the seller's side. The property is titled under the name of somebody else, not this contact person. My questions are:

 

1) What is the Letter of Intent for and how should it be formattted? Any legalities I have to be aware of before executing it?

2) Shouldn't the contact person present some Letter of Authority to Sell the property?

 

Thanks in advance for your advice dear sirs.

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I am interested in purchasing property and the contact person on the seller's side requires the buyer to submit a Letter of Intent and Offer. The Letter of Intent is supposed to be addressed to the contact person on the seller's side. The property is titled under the name of somebody else, not this contact person. My questions are:

 

1) What is the Letter of Intent for and how should it be formattted? Any legalities I have to be aware of before executing it?

2) Shouldn't the contact person present some Letter of Authority to Sell the property?

 

Thanks in advance for your advice dear sirs.

 

The Letter of Intent is simply the written form of your intention to purchase the property. Unless there is consideration to go with it, it is normally not a legally enforceable document. Normally, it is the agent's proof to the actual seller that he has an interested buyer for the property. As such, there is not format for this, you can simply state that you are interested in buying the property. As for the authority, you may want to see the Special Power of Attorney authorizing the agent to negotiate the sale. I suggest though that when it is time to register the sale, the actual buyer should sign the Deed of Sale.

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My family and relatives are proposing that we separate our apartment into separate titles. Should the surveyor come from specifically anywhere or is it all right to contact a real estate broker and let him handle the nitty gritty?

 

Thanks.

 

While the only requirement is that the surveyor should be licensed, I suggest you get someone who can handle the whole thing for you, from surveying to the approval from the Land Registration Authority to the actual splitting of title with the Register of Deeds. Last time I handled one of these there was still a lot of red tape in the LRA side. A little expensive, but you can negotiate the fee. Lesser headache for you.

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there is this property that was purchased by buyer A from a legit developer that unfortunately went practically bust. buyer A then sold the property to buyer B who finished paying the mortgage. the bank later released the original title to buyer B but it is still under the name of the developer. to transfer the title to buyer A and later buyer B, there is a need to present the deed of sale between buyer A and developer which is nowhere to be found. what is the way out of this situation? thanks poh.

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While the only requirement is that the surveyor should be licensed, I suggest you get someone who can handle the whole thing for you, from surveying to the approval from the Land Registration Authority to the actual splitting of title with the Register of Deeds. Last time I handled one of these there was still a lot of red tape in the LRA side. A little expensive, but you can negotiate the fee. Lesser headache for you.

Thanks. Saying that we would go through the hassle ourselves, how would the process be different, and how much could we 'save' from red tape?

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there is this property that was purchased by buyer A from a legit developer that unfortunately went practically bust. buyer A then sold the property to buyer B who finished paying the mortgage. the bank later released the original title to buyer B but it is still under the name of the developer. to transfer the title to buyer A and later buyer B, there is a need to present the deed of sale between buyer A and developer which is nowhere to be found. what is the way out of this situation? thanks poh.

 

I suggest you go to the Housing and Land Use Regulatory Board (HLURB). If the contact details of the developer are not with them, they can advise you on how to solve your problem expeditiously.

 

Thanks. Saying that we would go through the hassle ourselves, how would the process be different, and how much could we 'save' from red tape?

 

I asked an examiner from the Register of Deeds if he had any recos for someone who could do this. We agreed on a price for the whole package and finished the subdivision of title in two weeks. I think it would take at least a month (being optimistic) if you try to do this yourselves.

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The Letter of Intent is simply the written form of your intention to purchase the property. Unless there is consideration to go with it, it is normally not a legally enforceable document. Normally, it is the agent's proof to the actual seller that he has an interested buyer for the property. As such, there is not format for this, you can simply state that you are interested in buying the property. As for the authority, you may want to see the Special Power of Attorney authorizing the agent to negotiate the sale. I suggest though that when it is time to register the sale, the actual buyer should sign the Deed of Sale.

Thank you sir for the advice. Have a good day.

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Sir,

 

Can i ask for some legal advise? My father died last year and he left a property which he brought last 1994 somewhere in the Visayas. I was not able to ask the details of it because I was not interested during that time and I was too busy with my work. All the documents of said piece of land are with me including the orig TCT. As i run through the documents, I discovered that there are two(2) Deed of Sales yung una po ay pirmado ng orig na may-ari (who is the father) pero patay na ngayon. Naging complicated po kc before mamatay ang tunay na may-ari he transferred it to his son at etong son na eto ang nakapangalan sa orig TCT although meron etong Deed of Sale din pero hindi napapirma ng father ko because accordingly itinatago daw nya(son) sa asawa nya baka ayaw ng hatian (hula ko lang) kasi nga po ay hiwalay na sila. Here are my questions?

 

1. Pwede ko p po bang papirmahin sa Deed of Sale ang "son"? Papano kung ayaw niya?

 

2. anong hakbang po ang gagwin ko para maipaalam sa kinauukulan na ang lupang nabili ng tatay ko ay sa amin na? Natatakot po akong makakuha siya ulit ng panibagong titulo at sabihin niya lang sa Bureau of Lands na nawala nya ang orig na TCT pero sa katunayan ay nasa amin ang orig na TCT. Ano ano po ang dapat kong gawin?

 

Master I really needed your legal advise and it will not only help me but also my siblings who are all benefactors of this endeavour. Sabi ko nga po dati hindi ako interesado dito becoz of my work but now para po sa mga kapatid ko kaya ko eto ginagawa. Maraming Salamat!

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Sir,

 

Can i ask for some legal advise? My father died last year and he left a property which he brought last 1994 somewhere in the Visayas. I was not able to ask the details of it because I was not interested during that time and I was too busy with my work. All the documents of said piece of land are with me including the orig TCT. As i run through the documents, I discovered that there are two(2) Deed of Sales yung una po ay pirmado ng orig na may-ari (who is the father) pero patay na ngayon. Naging complicated po kc before mamatay ang tunay na may-ari he transferred it to his son at etong son na eto ang nakapangalan sa orig TCT although meron etong Deed of Sale din pero hindi napapirma ng father ko because accordingly itinatago daw nya(son) sa asawa nya baka ayaw ng hatian (hula ko lang) kasi nga po ay hiwalay na sila. Here are my questions?

 

1. Pwede ko p po bang papirmahin sa Deed of Sale ang "son"? Papano kung ayaw niya?

 

2. anong hakbang po ang gagwin ko para maipaalam sa kinauukulan na ang lupang nabili ng tatay ko ay sa amin na? Natatakot po akong makakuha siya ulit ng panibagong titulo at sabihin niya lang sa Bureau of Lands na nawala nya ang orig na TCT pero sa katunayan ay nasa amin ang orig na TCT. Ano ano po ang dapat kong gawin?

 

Master I really needed your legal advise and it will not only help me but also my siblings who are all benefactors of this endeavour. Sabi ko nga po dati hindi ako interesado dito becoz of my work but now para po sa mga kapatid ko kaya ko eto ginagawa. Maraming Salamat!

 

 

 

sorry to butt in again. la lang magawa po.

 

let me get the facts straight. you have 2 deeds of absolute sale with the following transfers:

 

A) Original owner ---> son

B) son --> your father

 

deed of sale A is completely signed and deed of sale B is signed by the seller but not by your father.

 

is this correct?

 

if so, strictly speaking, a deed of sale is an act of the seller because it is proof that he has already transferred the property to the buyer, who is named in the deed of sale.

 

this is valid regardless of whether the buyer signs, provided that it is notarized, because all deeds concerning real property must appear in a public instrument (notarized document)

 

thus, it will be ok even if your father did not sign. of course, i am assuming this is your typical run of the mill deed of absolute sale.

 

(i am omitting the issue on the failure of the son's spouse to sign, because i am assuming that the property is paternal rather than conjugal.)

 

best thing to do is bring the deed of sale with the register of deeds and have the deed annotated, just to prove that you have a claim over the land.

 

no need to have the deed of sale signed by the "son".nakapirma naman siya sa deed of sale B di ba? ok na yon.

 

better consult a lawyer, kasi maraming bagay na hindi nakalagay sa facts mo which could vary my answer above.

 

good luck :-)

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let me get the facts straight. you have 2 deeds of absolute sale with the following transfers:

 

A) Original owner ---> son

son --> your father

 

deed of sale A is completely signed and deed of sale B is signed by the seller but not by your father.

 

is this correct?

 

Sir, Hindi po tama. Sori hindi ko po inayos ang sentence construction ko. Yung orig owner po pinamana nya sa sarili nyang anak na lalaki tapos yung son na yun ang nagbenta sa father ko bago namatay. So ang lumalabas na owner ng property ngayon ay si Son na pero hindi siya nakapirma sa deed of sale B. Maraming Salamat legalavatar for your time!

 

Meron k bang mai-refer sa akin na lawyer? preferably sa Visayas para makamura ako. More power to you!

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Subukan mo muna papirmahin yung anak na sana pangalan nya ang nakalagay sa TCT. Kung ang nakalagay sa TCT, married na siya, pati asawa papirmahin mo para masmaganda. Kung pumirma kasi sya, problem solved.

Kung hinde pipirma, masama balak o baka may kulang pa para maconsumate transaction, kailangan may proof ka na binili nyo nga yung property dahil malamang kaso yan.

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the owner/seller can actually avoid paying capital gains tax if the original owner/seller purchases another property of equal or greater value within 18 months..

 

I would like to ask...

If my Mother owns a lot worth 5M

And buys a house&lot named after her and me worth 3M

 

Will there be savings in capital gains?

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I plan to buy a condo unit published in the newspaper. The condo unit is under financing. What are the steps to follow so that I will be protected from any legal problems?

 

In the absence of agreement, I understand that the seller should pay for the capital gain tax. How about payment for the documentary stamp and the registration?

 

How should payment be effected? Is it safe to pay the moment I have the deed of absolute sale? Kaliwaan po ba?

 

Where can I get clearance if there is court case regarding the property?

 

How long does it take to tranfer title?

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Subukan mo muna papirmahin yung anak na sana pangalan nya ang nakalagay sa TCT. Kung ang nakalagay sa TCT, married na siya, pati asawa papirmahin mo para masmaganda. Kung pumirma kasi sya, problem solved.

Kung hinde pipirma, masama balak o baka may kulang pa para maconsumate transaction, kailangan may proof ka na binili nyo nga yung property dahil malamang kaso yan.

 

Maraming Salamat redax! More power!! :thumbsupsmiley: :thumbsupsmiley:

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