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zilch45

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    The Legal Side of Real Estate

    in Legal

    Posted

    i don't know where to post this..

     

    ano po bang ibigsabihin pag my binebentang bahay at lupa pero rights lang daw? ano yung rights lang? i hope someone can explain.. thanks!

     

    kasi parang government property po yata yun.

     

    ibig sabihin squatter sila. hindi kanila ang lote

    The Legal Side of Real Estate

    in Legal

    Posted

    MASTERS,

     

    SOMEONE IS OFFERING ME A "SANLA-TIRA" FOR HER HOUSE AND LOT. ANG SISTE, YUNG TITLE NG NASABING HOUSE & LOT AY NAKA-MORTGAGED PA SA BANGKO. WHAT'S THE BEST WAY TO HANDLE THIS.

     

    1. DAPAT BANG BAYARAN NYA MUNA YUNG OUTSTANDING DUE NIYA FROM THE BANK THEN PA-TRANSFER KO YUNG ANNOTATION OF MORTGAGE FROM THE BANK TO ME...PARA MAY PANGHAHAWAKAN AKO IF IN CASE MAGDEFAULT SIYA NG PAYMENT SA BANK.

     

    2. ANO YUNG KASUNDUAN OR CONTRACT SA GANITONG TRANSACTION.

     

    PLEASE ENLIGHTEN ME ON THESE. THANKS.

     

    Wala kang panalo dito. In case mag default sya payment sa bank, puede ka i-eject. In the first place, the owner cannot sell or mortage the property anymore as it is already mortgaged/encumbered to the bank. It's a 100% losing proposition for you. DON'T

    The Legal Side of Real Estate

    in Legal

    Posted · Edited by zilch45

    hello guys..just want to ask regarding this thing.. i bought a house and lot in quirino quezon city..thru bank amortization.last year since it was pre selling and they told us the house will be ready january this year..but until now the house is not finished yet and we tried to pull out.but the company are asking us to pay some more if we are going to pull out..my question is 1.is that legal that they will give us another payment for pull out?..2 is there anyway that we have our money back because we are very disaappointed.. we are paying monthly in the bank and still we have no house..3.what is the legal remedy for our problem..Hope you could shed light on this..Thank you.

     

    if it's a subdivision project, go to Housing and Land Use Regulatory Board (HLURB) and file your complaint. They can compel the developer to act on your requests since it's the developer who have not fulfilled their obligation.

    The Legal Side of Real Estate

    in Legal

    Posted

    good evening! i dont know if this is the right place to inquire about a case. yung lolo ko kasi was given 2 titles ng isang ex general ng marcos regime years ago. itinago nya hanggan sa nakalimutan na na may title pala sya na hawak consisting of few hectares. ngayon yun uncle ko na anak ni lolo was cleaning the closet until he found the titles. he asked my lolo and dun na nga nya na kwento na bigay ng ex general. naka pangalan nga pala sya sa Republic of the Philippines

     

    my question is may chance ba na mailipat yung title sa pangalan ng lolo ko or uncle ko? kailangan yata dumaan sa DAR? anong government agency sya pwede i lapit? walang ibang document kung hindi yung orig na TCT na pa certify na din at lumabas na totoo sya.

     

    TIA

     

    to put it plain and simple. YOU DON'T OWN THE PROPERTY.

    The Legal Side of Real Estate

    in Legal

    Posted · Edited by zilch45

    Good morning to MTCs Legal minds!

     

    Please help me on my predicament. Kindly spend some time in reading the events that happened. I tried to present this as clear and simple as possible(apologies if still not clear). I hope to get your thoughts and advice.

     

     

    Chronology of events:

     

    1. Around 2005:

    -- Condo was purchased at pre-selling.

    -- Property is scheduled to be completed by 2008.

    -- Contract stipulates the monthly payments until completion and the LUMP SUM amount to be settled upon TURN-OVER. This mentioned that interest charge(interest rates not defined) will be added if balance is not settled upon Turn-over.

     

    2. Early 2008

    -- Scheduled completion date was not met.

     

    3. Late 2008

    -- Property was ready for viewing.(but not liveable)

    -- Acceptance agreement was signed as were told that this is only for the building contractors to say that they have finished their jobs. Acceptance agreement does not mention anything about settling the LUMPSUM payments, interest rates if Lumpsum is not settled, amounts of interest.

    -- FYI: If we know that interest payments will be made if LUMPSUM is not settled immediately then of course we will not sign the acceptance agreement until we have the money for the LUMPSUM.

     

    4. Late 2010

    -- As the property is not in a liveable state i.e. our property is on the lower floors but construction are on-going on upper floors thus health and safety is compromised. We waited for a few more years.

    -- We are trying to settle the full LUMPSUM amount by this time.

    -- We were told that we have to pay late payments based on the interest rates they specified.

     

    QUESTIONS:

    1. Is the collection of late payment allowed, considering that:

    a. Contract states that interest will start upon TURN-OVER of property. Since keys are still with them then no TURN-OVER has happened yet.

    b. The acceptance agreement does not mention anythign about the process of TURNOVER and didn't even mention any word "TURNOVER" in the agreement. This is misleading and a bit malicious as it seems this was done deliberately.

    c. The Contract nor the acceptance agreeement does not mention anything about how interest rates will be computed.

    d. Since acceptance agreement was signed in 2008, there was no letter or reminder sent regarding the incurring penalties.

    2. After a few email exchanges with them, they are still adamant on adding late penalties, how should I deal with this matter?

     

    3. Are there any government agencies (DTI?) who can help and mediate on this matter?

     

    To everybody and specially my fellow 'Bandit', (what a coincidence :) ). My advance thanks for sparing your time and sharing your thoughts.

     

    Thank you very much in advance!

     

     

    File a complaint with the Housing and Land Use Regulatory Board (HLUB). Their office is located at Kalayaan Avenue, Q.C. Just opposite Quezon City Hall along Kalayaan Avenue. Bring all documents you have. Even the exchange of emails

    Free Legal Advice

    in Legal

    Posted

    sir pa-advice naman po.

     

    sa pamilya po itong isasangguni ko bale property ng parents ko un itatanong ko... tungkol sa pwedeng gawin na legal na paraan para di na kelangan muna ilipat sa pangalan ko un gusto namin patayuan ng bahay bale un likod ng bahay ng parents ko. sa parents ko po kasi ayaw pa nila sa ngyon ibigay un likod ng bahay at palagyan ng title ng lupa. ang tanong po, ano po ang mas mabuting gawin namin kung sakali kami na magpatayo ng bahay na may hinahawakan na papeles hindi man title or ibang dokumento para di naman maging magulo balang araw.

     

     

    maraming salamat sa inyo.

     

     

    First, determine the area of the portion of the property where you intend to build your house. You can easily estimate this by measuring (length x width = area). Or if you want an accurate area, get a surveyor. This will however cost you.

     

    Ask your parents to sign a "Deed of Donation," where it says they are donating this portion to you. It does not have to indicate the shape but it has to indicate the area. Have it notarized and oay the donor's taxes. Also, have this document annotated on your parents' title. This document is legal and binding. Although, you still does not a separate title to the lot, you are already legally part owner of the property. Tell your partents that estate tax (inheritance) is much more expensive than donor's tax.

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