The Legal Side of Real Estate

[erika123]

Thanks for the response, Smiling Bandit. But can I buy her condo when the title is not yet in her hands?

[play_boi]

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

[rocco69]

the title alone is not sufficient.

 

your lolo has to have another document which transfers to him (your lolo) the ownership of the land covered by the title; for example a Deed of Sale, Deed of Donation, etc., signed by a person with authority to do so.

 

in your case, the property is titled in the name of the Republic. what authority did ex general have in giving the title to the lolo? only persons authorized by the Republic can transfer the title to a 3rd person. in your case, it's going to be hard to prove a valid transfer of ownership from the Republic to your lolo.

 

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

[aponilario]

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.

[zilch45]

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.

[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.

Edited June 16, 2011 by zilch45

[TheSmilingBandit]

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.

What was written in your contract with them?

[MrSENATOR]

Sir, may i ask if what are the things that i need to do and prepare kasi po may sinasanla po sa kin na house and lot.

Thanks

[TheSmilingBandit]

Sir, may i ask if what are the things that i need to do and prepare kasi po may sinasanla po sa kin na house and lot.

Thanks

Let me get this straight someone is mortgaging their house and lot with you? Better to get a lawyer, a good one, look over the loan agreement otherwise you could get screwed.

[MrSENATOR]

Thank you. any idea how much will be lawyers fee in this case?

[TheSmilingBandit]

Thank you. any idea how much will be lawyers fee in this case?

Depends on how good your lawyer is and also how you negotiate with him/her. Try contacting Jopoc.

[moichi]

Sirs,

 

we are planning to buy a small house and lot, a foreclosed property.

 

the title is already in the name of the bank.

 

kaya lang may nakatira pa dun sa property.

 

sabi ng bangko, when we buy it, the occupant will now be our problem.

 

Question:

 

1) di ba dapat pag binili namin, paalisin nila yung nakatira?

2) kung sakali we buy it, how do we get rid of the occupant?

 

tia!

[TanglewoodBoy]

just want to ask this mga sir....

 

we have a 3,000+ lot that we bought way before.....my mom is going to have a building na itatayo dun, siguro mga 3 floors, parang commercial building with a grocery sa baba niya tapos yung third floor siguro parang bahay na din namin.., my question is will we still pay for additional fees dahil babaguhin namin yung lupa from just a lot to commercial lot???? yung sa building permits, that's understandable....

 

thanks so much in advance sa sasagot...

[Pinoymale]

Sirs,

 

we are planning to buy a small house and lot, a foreclosed property.

 

the title is already in the name of the bank.

 

kaya lang may nakatira pa dun sa property.

 

sabi ng bangko, when we buy it, the occupant will now be our problem.

 

Question:

 

1) di ba dapat pag binili namin, paalisin nila yung nakatira?

2) kung sakali we buy it, how do we get rid of the occupant?

 

tia!

 

Do not, I repeat, do not buy the property with the occupants still there. You won't be buying just a house and lot - you'll also be buying one hell of a headache. It's common practice for the bank to evict the occupants before selling the property, this makes it more enticing for prospective buyers. I know firsthand how difficult and expensive it is to evict people and it can take more than a year if the occupants are willing to fight tooth and nail to keep the property.

 

I suggest you make it a non-negotiable condition that the bank clear out the occupants before you sign the contract, like what many prospective buyers do.

[TheSmilingBandit]

just want to ask this mga sir....

 

we have a 3,000+ lot that we bought way before.....my mom is going to have a building na itatayo dun, siguro mga 3 floors, parang commercial building with a grocery sa baba niya tapos yung third floor siguro parang bahay na din namin.., my question is will we still pay for additional fees dahil babaguhin namin yung lupa from just a lot to commercial lot???? yung sa building permits, that's understandable....

 

thanks so much in advance sa sasagot...

A mixed use property such as what you are suggesting would fall under the category of the more expensive item, in this case commercial, if you are not zoned for commercial, you will be spending a fair amount of time converting the property and area into commercial use.

 

Sirs,

 

we are planning to buy a small house and lot, a foreclosed property.

 

the title is already in the name of the bank.

 

kaya lang may nakatira pa dun sa property.

 

sabi ng bangko, when we buy it, the occupant will now be our problem.

 

Question:

 

1) di ba dapat pag binili namin, paalisin nila yung nakatira?

2) kung sakali we buy it, how do we get rid of the occupant?

 

tia!

Do not, I repeat, do not buy the property with the occupants still there. You won't be buying just a house and lot - you'll also be buying one hell of a headache. It's common practice for the bank to evict the occupants before selling the property, this makes it more enticing for prospective buyers. I know firsthand how difficult and expensive it is to evict people and it can take more than a year if the occupants are willing to fight tooth and nail to keep the property.

 

I suggest you make it a non-negotiable condition that the bank clear out the occupants before you sign the contract, like what many prospective buyers do.

As was mentioned by Pinoymale, odds are that the current occupants were the former owners and that they probably have a court case about the property. I would advise looking elsewhere.

[MrSENATOR]

Pls help.

 

I will be buying a house and lot to my friend who is in need. He is the owner of the property.

We agreed that he will be executing the deed of sale and will be giving to me the Certificate of Title once i give him the 50% of the selling price .

balance of 50% will be paid 2 months after as per our agreement.

 

Do you guys see any problem with our transaction?

 

I dont have plan yet of transferring the ownership to my name since i dont have budget yet.

Is there still a need for me to go to registry of deeds to documrent that i am the new owner of the property ? how?

 

Thanks

[moichi]

A mixed use property such as what you are suggesting would fall under the category of the more expensive item, in this case commercial, if you are not zoned for commercial, you will be spending a fair amount of time converting the property and area into commercial use.

 

As was mentioned by Pinoymale, odds are that the current occupants were the former owners and that they probably have a court case about the property. I would advise looking elsewhere.

 

ohoho... marming salamat po sa advise...

[moichi]

Do not, I repeat, do not buy the property with the occupants still there. You won't be buying just a house and lot - you'll also be buying one hell of a headache. It's common practice for the bank to evict the occupants before selling the property, this makes it more enticing for prospective buyers. I know firsthand how difficult and expensive it is to evict people and it can take more than a year if the occupants are willing to fight tooth and nail to keep the property.

 

I suggest you make it a non-negotiable condition that the bank clear out the occupants before you sign the contract, like what many prospective buyers do.

 

maraming maraming salamat po sa advise... malaking tulong po ito...

[play_boi]

please enlighten me. ano po kaibahan pag ang nakalagay sa deed of sale is "married to" or "spouses".

 

sabi nila pag married to at nag hiwalay na kailangan lang ng affidavit of abandonment ok na where as sa spouses kailangan dumaan sa korte.

 

tia

[tantantiran]

Mga companero....i need help in transferring the title to my name, which will be given my mom. Di pa rin nasa pangalan ng mommy ko yung title....medyo mahabang story...kindly PM me your contact details then will call you. ASAP sana...by the way the property is in QC. salamat

[dictum]

please enlighten me. ano po kaibahan pag ang nakalagay sa deed of sale is "married to" or "spouses".

 

sabi nila pag married to at nag hiwalay na kailangan lang ng affidavit of abandonment ok na where as sa spouses kailangan dumaan sa korte.

 

tia

 

For purposes of ownership of properties, the term "married to" may be argued as a description of the person's civil status as one who is "married" but it does not follow the property co-owned by the married couple. As such, in some cases, if you were to sell a property where the description is merely Mr. ABC married to Mrs. XYZ, Mr. ABC may be able to sell the property even without the marital consent of Mrs. XYZ.

 

If the description of the owners are "Spouses ABC and XYZ" it can be presumed that the married couple are the co-owners of the property. Thus, you cannot validly sell the entire property without the marital consent of the other spouse.

 

Hope this helps.

[play_boi]

For purposes of ownership of properties, the term "married to" may be argued as a description of the person's civil status as one who is "married" but it does not follow the property co-owned by the married couple. As such, in some cases, if you were to sell a property where the description is merely Mr. ABC married to Mrs. XYZ, Mr. ABC may be able to sell the property even without the marital consent of Mrs. XYZ.

 

If the description of the owners are "Spouses ABC and XYZ" it can be presumed that the married couple are the co-owners of the property. Thus, you cannot validly sell the entire property without the marital consent of the other spouse.

 

Hope this helps.

 

thanks!! i have a followup question. so if the owner declared that he or she is married during the time of happy relationship and soon after, the couple will be separated, is the husband or wife of the owner can run after the property? like what you said the owner can sign the DOAS without the consent of the husband or wife. unlike when both spouses signed the contract it is clear that both of them did agree to sell the property. please enlighten me. thanks in advance!

 

 

__________________________________________

 

Different Issue

 

to all the attorneys. what can you say about the issue of torres group who are assuming that they are the real owners of the 24 hec land in QC? if they have the original title, then what is the purpose of the title which the LRA has given to the present lot owners? i presume that those owners did some verification first from the RD before they build their buildings and homes. what if they have a certified true copy of those titles? which among the "real" title will be honored the mother title or the subdivided title?

 

thanks!

[rocco69]

One spouse cannot sell the property of the absolute community or conjugal partnership without getting the written consent of the other (if he/she cannot get the written consent of the other, he/she can go to court and get judicial authorization to do so).

 

If a married person sells absolute community property or conjugal partnership property without the written consent of the other spouse, the sale is VOID (see Art. 96, 124, Family Code).

 

Note that in the absence of proof one way or the other, property acquired DURING the marriage is presumed to belong to the absolute community/conjugal partnership. So, it is important to know when the property was acquired. If it was acquired while they were already married, its presumed to be absolute community/conjugal partnership property (See Art. 93, 116, Family Code).

 

Note also that if the property relations of the spouses is absolute community of property (which happens 99.9% of the time) all property owned BEFORE the marriage is also absolute community property (See Art. 91, Family Code).

 

Moral lesson: Kapag kasal ang seller, it is ALWAYS THE BETTER PRACTICE to get the consent of the other spouse, by having the other spouse sign the Deed of Absolute Sale at the end under the portion "With my marital consent", otherwise you run the risk of having the sale declared void when the other spouse suddenly questions why the property was sold without his/her consent.

 

P.S. Marital consent is, of course, not necessary if the property is exclusive but the burden of proving that it is exclusive falls on the buyer if it is proven that the property was acquired during the marriage (which could be hard if the seller does not cooperate)

 

 

DIFFERENT ISSUE:

 

It is difficult, if not impossible, to state an opinion on this issue when the documents involved are not presented. As of the present, we do not know what are the documents being used in the case.

 

However, note that if there are two titles over the same property, both of which have not been cancelled, the older one will prevail. If the mother title was never cancelled, it remains valid, as against another title issued on the basis of another more recent title. Again, without all the facts, we cannot whether this is the doctrine applicable in the Visayas Avenue/Sanville case.

 

 

thanks!! i have a followup question. so if the owner declared that he or she is married during the time of happy relationship and soon after, the couple will be separated, is the husband or wife of the owner can run after the property? like what you said the owner can sign the DOAS without the consent of the husband or wife. unlike when both spouses signed the contract it is clear that both of them did agree to sell the property. please enlighten me. thanks in advance!

 

 

__________________________________________

 

Different Issue

 

to all the attorneys. what can you say about the issue of torres group who are assuming that they are the real owners of the 24 hec land in QC? if they have the original title, then what is the purpose of the title which the LRA has given to the present lot owners? i presume that those owners did some verification first from the RD before they build their buildings and homes. what if they have a certified true copy of those titles? which among the "real" title will be honored the mother title or the subdivided title?

 

thanks!

Edited September 11, 2011 by rocco69

[play_boi]

One spouse cannot sell the property of the absolute community or conjugal partnership without getting the written consent of the other (if he/she cannot get the written consent of the other, he/she can go to court and get judicial authorization to do so).

 

If a married person sells absolute community property or conjugal partnership property without the written consent of the other spouse, the sale is VOID (see Art. 96, 124, Family Code).

 

Note that in the absence of proof one way or the other, property acquired DURING the marriage is presumed to belong to the absolute community/conjugal partnership. So, it is important to know when the property was acquired. If it was acquired while they were already married, its presumed to be absolute community/conjugal partnership property (See Art. 93, 116, Family Code).

 

Note also that if the property relations of the spouses is absolute community of property (which happens 99.9% of the time) all property owned BEFORE the marriage is also absolute community property (See Art. 91, Family Code).

 

Moral lesson: Kapag kasal ang seller, it is ALWAYS THE BETTER PRACTICE to get the consent of the other spouse, by having the other spouse sign the Deed of Absolute Sale at the end under the portion "With my marital consent", otherwise you run the risk of having the sale declared void when the other spouse suddenly questions why the property was sold without his/her consent.

 

P.S. Marital consent is, of course, not necessary if the property is exclusive but the burden of proving that it is exclusive falls on the buyer if it is proven that the property was acquired during the marriage (which could be hard if the seller does not cooperate)

 

 

DIFFERENT ISSUE:

 

It is difficult, if not impossible, to state an opinion on this issue when the documents involved are not presented. As of the present, we do not know what are the documents being used in the case.

 

However, note that if there are two titles over the same property, both of which have not been cancelled, the older one will prevail. If the mother title was never cancelled, it remains valid, as against another title issued on the basis of another more recent title. Again, without all the facts, we cannot whether this is the doctrine applicable in the Visayas Avenue/Sanville case.

 

thank you very much!!! i really appreciate it. as for the 1st issue it is now clear to me that whether "married" or "spouse" is written in the absolute sale both must have consent before they can sell the property.

 

Sir i heard that if the primary owner of the property eg ABC married to XYZ was abandoned or if XYZ died ABC may just file an affidavit of abandonment to sell the property. on the other hand if eg "Spouses ABC and XYZ" one of them dies there must be an extra judicial settlement. is it true sir?

 

_________________________________

 

2nd issue

 

wow! that is the big problem now. if the mother title has not been canceled then its really possible that this group may get the chance to posses the 2.4hec.

 

 

again thank you so much youve been very helpful!! God Bless

[dekimasen]

Good day po.

 

We bought a property and when the land title came out, there is a note which states:

 

Liabilities under section 4 rule 74: to creditors, heirs and other persons unlawfully deprived of participation in the state of the deceased XXXXXXXXX as extra judicially settled for a period of two years pursuant to section 4 rule 74of the rules of court.

Date of instrument: may 6, 2010

 

What does the note mean? what are the legal implications? Is it alright if we pay the property in full by this time?

 

tia