The Legal Side of Real Estate

[Dr_PepPeR]

Salamat sa reply. Pano naman po kung ang owner na nasa US gumawa at pumirma ng special power of attorney para sa pagbenta ng lote thru her father pero ipanonotary sa pinas at hindi sa Phil consul sa US, magiging valid ba yung document?

 

If I were you, knowing that the owner was in the US, I would not accept the SPA if it was notarized in the Philippines. Why? When you deal with an agent, you do it at your own risk. And if the owner can prove that he was in the US on the date that it was notarized, then he can claim his signature was forged. To me it's not a question of validity, since your question seems to indicate that it was indeed signed by the owner and in all likelihood it will be accepted by the Registry of Deeds for the transfer, it's really a question if you are willing to take the risk.

[Bitoy]

Guys, I need some advise on how to go about our situation.

 

My mother wants to buy a house but because of her advanced age, she wants to put the house ownership under me and my siblings. There are three of us. The intention is that when she is already gone, the three of us get equal shares on the house.

 

There is some complication since my brother is married while me and my sister are single. Therefore there should be some "married to" clause in the part of my brother in the title. Does this complicate the division of ownership (should be equal shares for the 3 siblings)?

 

Another complication is that my brother and his wife are in the U.S. so they won't be physically available for document signing. I know that for the case of selling a property, we need an SPA from them to sign on their behalf. Do we also require an SPA for buying a property? Is there any other (faster/cheaper) alternative?

 

Thanks in advance.

[Red light]

LOL, that's because they are all SIN-FULL people, they should emulate the SINless one. That deadline is a bunch of hooey, report them to the HLURB already and have them penalized.

 

Masters, as expected, the deadline was is a hooey. They were even surprised that the moment I called was the actual date of the deadline which they set themselves. Obviously they were doing no follow ups, hence the surprise. By the way, I have'nt sign the DOS yet, because as per my teleconversation with them the past few months, they'll give me a call if the title is ready, so I can sign the DOS then procure the lot title in one go (I'm a bit far from their office). Question is, in a worse case scenario where I'm settling matters with this big player in court, can they use the unsigned DOS as an alibi for not releasing my title yet?

[daddydrew]

Can anyone here enlighten me as to whether or not I, being American national can own a house and lot in the Philippines? I plan to marry and live there, but I want our home to be in my name as well, that I have controlling interest.

[Dr_PepPeR]

Can anyone here enlighten me as to whether or not I, being American national can own a house and lot in the Philippines? I plan to marry and live there, but I want our home to be in my name as well, that I have controlling interest.

 

Foreigners are not allowed to own land in the Philippines. Having said that, the title can still be in the name of your wife, if she is a Filipino citizen, and your name will appear too, as it will state that the property is owned by 'Wife X married to Husband Y'. The other way is to buy a condminium unit under your name, as long as at least 60% of the condominium building is owned by Filipino citizens.

[Dr_PepPeR]

Guys, I need some advise on how to go about our situation.

 

My mother wants to buy a house but because of her advanced age, she wants to put the house ownership under me and my siblings. There are three of us. The intention is that when she is already gone, the three of us get equal shares on the house.

 

There is some complication since my brother is married while me and my sister are single. Therefore there should be some "married to" clause in the part of my brother in the title. Does this complicate the division of ownership (should be equal shares for the 3 siblings)?

 

Another complication is that my brother and his wife are in the U.S. so they won't be physically available for document signing. I know that for the case of selling a property, we need an SPA from them to sign on their behalf. Do we also require an SPA for buying a property? Is there any other (faster/cheaper) alternative?

 

Thanks in advance.

 

My advice is not to put the title under so many co-owners. The reason is when you have to transact the property e.g. sell it or mortgage it, you will need all the signatures of the owners. That may be difficult considering one of the proposed co-owners is living abroad. Later on, disputes may occur on who has the right to live there, who should pay for the taxes, maintenance and other expenses. It might be better to agree with your siblings for one to buy all the others out so that there will only be one owner.

Edited September 15, 2009 by Dr_PepPeR

[daddydrew]

Foreigners are not allowed to own land in the Philippines. Having said that, the title can still be in the name of your wife, if she is a Filipino citizen, and your name will appear too, as it will state that the property is owned by 'Wife X married to Husband Y'. The other way is to buy a condminium unit under your name, as long as at least 60% of the condominium building is owned by Filipino citizens.

 

I appreciate the counseling and advice. With my name being on the title as you have stated, would this give me any control of the property in any case something happens to our marriage? Just trying to protect my investment.

[Bitoy]

My advice is not to put the title under so many co-owners. The reason is when you have to transact the property e.g. sell it or mortgage it, you will need all the signatures of the owners. That may be difficult considering one of the proposed co-owners is living abroad. Later on, disputes may occur on who has the right to live there, who should pay for the taxes, maintenance and other expenses. It might be better to agree with your siblings for one to buy all the others out so that there will only be one owner.

Thanks Dr. Pepper. At this time, we don't have the option of single ownership due to other factors (my mom has the money, and none of us siblings can afford at the moment to buy the others out).

Edited September 15, 2009 by Bitoy

[TheSmilingBandit]

Masters, as expected, the deadline was is a hooey. They were even surprised that the moment I called was the actual date of the deadline which they set themselves. Obviously they were doing no follow ups, hence the surprise. By the way, I have'nt sign the DOS yet, because as per my teleconversation with them the past few months, they'll give me a call if the title is ready, so I can sign the DOS then procure the lot title in one go (I'm a bit far from their office). Question is, in a worse case scenario where I'm settling matters with this big player in court, can they use the unsigned DOS as an alibi for not releasing my title yet?

You are fully paid? They should release the title, if they try claim that you didn't sign the DoS as an alibi, sign it right there and then. Once more I urge you to complain to the HLURB.

 

Can anyone here enlighten me as to whether or not I, being American national can own a house and lot in the Philippines? I plan to marry and live there, but I want our home to be in my name as well, that I have controlling interest.

Foreigners are not allowed to own land in the Philippines. Having said that, the title can still be in the name of your wife, if she is a Filipino citizen, and your name will appear too, as it will state that the property is owned by 'Wife X married to Husband Y'. The other way is to buy a condminium unit under your name, as long as at least 60% of the condominium building is owned by Filipino citizens.

I appreciate the counseling and advice. With my name being on the title as you have stated, would this give me any control of the property in any case something happens to our marriage? Just trying to protect my investment.

A condominium, you can purchase, however a house and lot is a big no-no. However, provided you do not sign any waiver of conjugal rights, neither can she sell that house and lot even if it were in her name without your approval. Still, the safest bet is to go the condominium route as laird and maester Dr_PepPeR has said.

 

Guys, I need some advise on how to go about our situation.

 

My mother wants to buy a house but because of her advanced age, she wants to put the house ownership under me and my siblings. There are three of us. The intention is that when she is already gone, the three of us get equal shares on the house.

 

There is some complication since my brother is married while me and my sister are single. Therefore there should be some "married to" clause in the part of my brother in the title. Does this complicate the division of ownership (should be equal shares for the 3 siblings)?

 

Another complication is that my brother and his wife are in the U.S. so they won't be physically available for document signing. I know that for the case of selling a property, we need an SPA from them to sign on their behalf. Do we also require an SPA for buying a property? Is there any other (faster/cheaper) alternative?

 

Thanks in advance.

My advice is not to put the title under so many co-owners. The reason is when you have to transact the property e.g. sell it or mortgage it, you will need all the signatures of the owners. That may be difficult considering one of the proposed co-owners is living abroad. Later on, disputes may occur on who has the right to live there, who should pay for the taxes, maintenance and other expenses. It might be better to agree with your siblings for one to buy all the others out so that there will only be one owner.

Thanks Dr. Pepper. At this time, we don't have the option of single ownership due to other factors (my mom has the money, and none of us siblings can afford at the moment to buy the others out).

Your brother cannot sign the deed of sale, then you can't even purchase the aforementioned property. The best bet would be to incorporate, with yourself and your siblings having equal shares (33.33% each). Just don't neglect to file your no income declaration with the BIR and the SEC annually.

[Kropekhagen]

hi, patulong po mga sir

 

yung lupa ng bahay namin ngayon, nakapangalan pa din sa deceased parents ng father ko, 5 silang magkakapatid (1 dead,4 surviving), gusto ko sana

asikasuhin yung transfer ng title under all of their names. panu po ba magsisimula sa ganito? ok naman ang tax neto, updated.

 

thanks in advance. :thumbsupsmiley:

[swami]

hi, patulong po mga sir

 

yung lupa ng bahay namin ngayon, nakapangalan pa din sa deceased parents ng father ko, 5 silang magkakapatid (1 dead,4 surviving), gusto ko sana

asikasuhin yung transfer ng title under all of their names. panu po ba magsisimula sa ganito? ok naman ang tax neto, updated.

 

thanks in advance. :thumbsupsmiley:

 

Your father, his surviving siblings and the heirs of the deceased sibling must execute an extrajudicial settlement of the estate of your deceased grand parents. You will have to cause the publication of the extrajudicial settlement, and pay the estate tax. Just go to the Registry of Deeds and ask for assistance. Better yet, get a lawyer to assist you (this may cost you though).

[Red light]

You are fully paid? They should release the title, if they try claim that you didn't sign the DoS as an alibi, sign it right there and then. Once more I urge you to complain to the HLURB.

 

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

[TheSmilingBandit]

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

 

Another thing you can do is to also write letters to various news daily's complaining of your plight. If, you happen to know other buyer's who may be in the same boat that you are in, get together with them and have them file complaints in the HLURB as well. The more attention you can call on these jokers, the better. By the way, out of curiosity, what company is it?

[Red light]

Another thing you can do is to also write letters to various news daily's complaining of your plight. If, you happen to know other buyer's who may be in the same boat that you are in, get together with them and have them file complaints in the HLURB as well. The more attention you can call on these jokers, the better. By the way, out of curiosity, what company is it?

 

Sent you a PM sir. May I suggest we keep it private....

[powerpuffgirls]

attorneys, may i request a draft for DEED OF CONVENTIONAL REDEMPTION ? thanks po!

[Kropekhagen]

Your father, his surviving siblings and the heirs of the deceased sibling must execute an extrajudicial settlement of the estate of your deceased grand parents. You will have to cause the publication of the extrajudicial settlement, and pay the estate tax. Just go to the Registry of Deeds and ask for assistance. Better yet, get a lawyer to assist you (this may cost you though).

 

thanks swami, estate tax is different from the tax we pay for the lot every year? pardon my ignorance though. nakikinita ko na, this is quite tedious

[Dr_PepPeR]

thanks swami, estate tax is different from the tax we pay for the lot every year? pardon my ignorance though. nakikinita ko na, this is quite tedious

 

The estate tax is paid to the Bureau of Internal Revenue and is a tax on the inheritance of the heirs, whether it is real estate or movables while the real estate tax is paid yearly to the city or municipality and only applies to real property, land or buildings.

[Kropekhagen]

ah ok, thanks dr pepper

[harman]

My suggestion for those with problems relating to estates is to approach also an accountant who can verify how much taxes are needed to be paid. The accountant may also advise you on the possibility of a tax amnesty, in which case you may be able to declare the estate free of penalties.

[Bitoy]

Medyo mababaw lang na question: magkano ba ang usual fee sa pagpapa-notarize ng Deed of Absolute Sale of a House and Lot? We recently bought a H&L and the agent who is processing the transfer of the title to our name was quoting 1% of the sale price for the notarial expenses alone. Isn't this too high? If I remember correctly, we sold a house before and we only spent about P1000 for notarization of the Deed of Absolute Sale.

[Dr_PepPeR]

Medyo mababaw lang na question: magkano ba ang usual fee sa pagpapa-notarize ng Deed of Absolute Sale of a House and Lot? We recently bought a H&L and the agent who is processing the transfer of the title to our name was quoting 1% of the sale price for the notarial expenses alone. Isn't this too high? If I remember correctly, we sold a house before and we only spent about P1000 for notarization of the Deed of Absolute Sale.

 

Notaries will try to charge a percentage of the selling price. I suggest you have it notarized with someone you know personally, you may have it notarized for less than P1,000.

[jazon7099]

magandang araw po. hingi po sana ako ng tulong sa sinumang makakatulong po sa akin.

gumawa pokc kmi corporation ng mga frens ko for a farm. Nakabili po kmi 6 has. pero sa titulo po ng lupa a nakalagay na "Certificate of Land Ownership Award". Maaari pa rin po ba maitransfer sa corporation ung nasabing titulo?

salamat po ng marami

[mitchkim]

I have a query, I hope you can help.

 

Can the register of deeds question a deed of donation and refuse to transfer title to donee's name, even if the bir have already issued a certificate of authority to transfer and have completed a donor's tax audit when the donor was still alive? Donor's taxes and all transfer payments have already been paid. as far as i know, the mandate of rd is ministerial and they cannot question the certification issued by another government agency i.e. bir

Edited October 12, 2009 by mitchkim

[Red light]

Yes, I've just coordinated with HLURB this morning. The complaint is gonna be a considerably tedious proceeding, but I'm going for it!

 

A little bit of update maestros, just when I've decided to head towards HLURB to formally file my complaint due to the expiration of the date set on my demand letter to release the title, I received an SMS from the corporation that m title is ready. I gave them a phone call a while ago and said that it's definitely ready. I asked about the procedure and told me that I just need to bring a valid ID then pay the fee so the title will be transferred to my name. I can give them a smuch IDs as they want and cash is ready for the transferral fee. I thought the entire proceedure will take place within the day, but my jaw dropped when I was informed that it will take about 3 months or the transfer process to take place! Why oh why, I asked, and the reply was that they handle these process by bulk.

 

I understand that they are a big corporation and obviously have lots of properties to work on, but is this a normal practice? To transfer and release titles by bulk? Is a 3 month-period to process justifiable? Kindly enlighten me on this.

Edited October 12, 2009 by Red light

[rocco69]

Kung ang titulo ng lupa ay galing sa CLOA (Certificate of Land Ownership Award), ibig sabihin ito ay lupang ipinamigay ng gobyerno sa ilalim ng CARP (Comprehensive Agrarian Reform Program). Sa ilalim ng CARP law (RA 6657), hindi pwedeng ibenta ang lupang ibinigay sa CARP sa loob ng sampung taon mula sa award nito. Tingnan mo sa titulo kung kelan na-issue ito. Kung lampas sampung taon na mula sa issuance hanggang sa pagkabili nyo, pwede nang mailipat ang titulo sa pangalan ng kumpanya nyo. Otherwise, walang bisa ang bilihan na nangyari (dahil bawal nga ito sa ilalim ng CARP).

 

 

 

magandang araw po. hingi po sana ako ng tulong sa sinumang makakatulong po sa akin.

gumawa pokc kmi corporation ng mga frens ko for a farm. Nakabili po kmi 6 has. pero sa titulo po ng lupa a nakalagay na "Certificate of Land Ownership Award". Maaari pa rin po ba maitransfer sa corporation ung nasabing titulo?

salamat po ng marami