The Legal Side of Real Estate

[Dr_PepPeR]

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

 

Did they give you the reason for the refusal? While it is true that the function of the Registry of Deeds is ministerial, they may have other requirements that you may have to comply with. If you think it is unjustified, you can refer it under a formal consulta with the Land Registration Authority (LRA). It could also be that your examiner is expecting a little "donation" from you for the title transfer.

Edited October 12, 2009 by Dr_PepPeR

[Dr_PepPeR]

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.

 

I have no idea whether that is the normal process but 3 months does sound like a long time. If I were to do the transfer personally, I could do it in 3 days if I had a nice fat 'facilitation' fee to motivate the Register of Deeds. If you let the documents run its normal course, it may take a month or longer. Maybe the experten SINless can answer this for you.

Edited October 12, 2009 by Dr_PepPeR

[mitchkim]

Did they give you the reason for the refusal? While it is true that the function of the Registry of Deeds is ministerial, they may have other requirements that you may have to comply with. If you think it is unjustified, you can refer it under a formal consulta with the Land Registration Authority (LRA). It could also be that your examiner is expecting a little "donation" from you for the title transfer.

 

actually, what they are questioning is the regularity of the donation itself. Is'nt the bir audit certification and the bir certificate authorizing transfer enough for them to transfer title in donee's name.

 

the issue is the donor donated property which he bought with proceeds of inheritance. rd wanted proof for this which was actually transacted in the 1950's pa. rd says it should have been annotated in the original title? moreso, the donor is already dead but was still alive when the bir audit was made and presumably have explained the situation to the satisfaction of the bir examiner.

Edited October 13, 2009 by mitchkim

[Dr_PepPeR]

actually, what they are questioning is the regularity of the donation itself. Is'nt the bir audit certification and the bir certificate authorizing transfer enough for them to transfer title in donee's name.

 

the issue is the donor donated property which he bought with proceeds of inheritance. rd wanted proof for this which was actually transacted in the 1950's pa. rd says it should have been annotated in the original title? moreso, the donor is already dead but was still alive when the bir audit was made and presumably have explained the situation to the satisfaction of the bir examiner.

 

I don't quite understand. If the title had been transferred to the donor's name, way back in the 50's, I doubt that the Register of Deeds can question it. Are you saying that the acquisition of the property by the donor was never recorded? So are you trying to have both transactions registered - first the acquisition by the donor of the property and second the subsequent donation?

[mellowcat]

its already in the name of the donor, kaya lang meron nakalagay na married. gusto yata ng rd naka annotate ung fact na inherited ung property para hindi assumed na conjugal

[Dr_PepPeR]

its already in the name of the donor, kaya lang meron nakalagay na married. gusto yata ng rd naka annotate ung fact na inherited ung property para hindi assumed na conjugal

 

Ah I see. Can't the RD just look at the files attached to the title? After all, they should have the records unless it is one of those RDs that were hit by fire or floods. The other way I can think of is to let the the donor's wife sign on the Deed of Donation. Aside from that, the only ways I know around this is to ask for a consulta from the LRA or give a few thousand reasons to the RD to process the transaction. Perhaps the experts here have other suggestions.

[TheSmilingBandit]

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.

The standard for most notaries is 1% of the selling price, of course, some notaries, if friends, may charge less.

 

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.

I have no idea whether that is the normal process but 3 months does sound like a long time. If I were to do the transfer personally, I could do it in 3 days if I had a nice fat 'facilitation' fee to motivate the Register of Deeds. If you let the documents run its normal course, it may take a month or longer. Maybe the experten SINless can answer this for you.

3 months? They are jacking you off, Ayala Land Sales Inc., Rockwell Land, and most other big companies can process papers in 2 days (depending on which RD and city).

 

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

Did they give you the reason for the refusal? While it is true that the function of the Registry of Deeds is ministerial, they may have other requirements that you may have to comply with. If you think it is unjustified, you can refer it under a formal consulta with the Land Registration Authority (LRA). It could also be that your examiner is expecting a little "donation" from you for the title transfer.

actually, what they are questioning is the regularity of the donation itself. Is'nt the bir audit certification and the bir certificate authorizing transfer enough for them to transfer title in donee's name.

 

the issue is the donor donated property which he bought with proceeds of inheritance. rd wanted proof for this which was actually transacted in the 1950's pa. rd says it should have been annotated in the original title? moreso, the donor is already dead but was still alive when the bir audit was made and presumably have explained the situation to the satisfaction of the bir examiner.

I don't quite understand. If the title had been transferred to the donor's name, way back in the 50's, I doubt that the Register of Deeds can question it. Are you saying that the acquisition of the property by the donor was never recorded? So are you trying to have both transactions registered - first the acquisition by the donor of the property and second the subsequent donation?

its already in the name of the donor, kaya lang meron nakalagay na married. gusto yata ng rd naka annotate ung fact na inherited ung property para hindi assumed na conjugal

Ah I see. Can't the RD just look at the files attached to the title? After all, they should have the records unless it is one of those RDs that were hit by fire or floods. The other way I can think of is to let the the donor's wife sign on the Deed of Donation. Aside from that, the only ways I know around this is to ask for a consulta from the LRA or give a few thousand reasons to the RD to process the transaction. Perhaps the experts here have other suggestions.

The RD is questioning the '50s transfer?

[play_boi]

good evening ide like to seek for an advice to our real estate lawyers and real estate gurus. bumili ng property yung uncle ko at a certain amount. nag kataon na ang usapan nila was seller will pay all the taxes. cap gain, doc stamp transfer tax, etc.. pero ang sabi is they know someone na mag aayos so ibig sabihin we wouldnt know kung baka negotiated or baka below the zonal value ang babaydan.

 

now nag agree sila but kailangan muna i lipat sa name ng uncle ko maski 50% DP lang pero kailangan maipakita lahat ng receipts ng pinag bayadan ng said taxes. ngyun ay nailipat na sa name ng umcle ko pero hindi nya binabayadan yung full payment (50%) dahil hindi maibigay yung mga receipts or maski xerox ng CAR. ang worry kasi ni uncle ko baka hindi nga binayadan yung tamang taxes baka inunder value or baka hindi nag bayd ng taxes. ang nakapag tataka is paano na ilipat nga naman sa name nya kung hindi nag bayad? may CTC na din so walang probelm yung authenticity ng title.

 

questions

 

1. is it possible na mailipat ang name ng seller to buyer pag hindi nag bayad ng taxes?

2. kung under value nga wala kayang maging problem ito in the future?

3. paano namin malalaman kung talgang ibinayad nga ang taxes?

 

thanks in advance

[mellowcat]

is it normal for rd examiners to ask for or expect some grease money even if all documents are in order?

[TheSmilingBandit]

good evening ide like to seek for an advice to our real estate lawyers and real estate gurus. bumili ng property yung uncle ko at a certain amount. nag kataon na ang usapan nila was seller will pay all the taxes. cap gain, doc stamp transfer tax, etc.. pero ang sabi is they know someone na mag aayos so ibig sabihin we wouldnt know kung baka negotiated or baka below the zonal value ang babaydan.

 

now nag agree sila but kailangan muna i lipat sa name ng uncle ko maski 50% DP lang pero kailangan maipakita lahat ng receipts ng pinag bayadan ng said taxes. ngyun ay nailipat na sa name ng umcle ko pero hindi nya binabayadan yung full payment (50%) dahil hindi maibigay yung mga receipts or maski xerox ng CAR. ang worry kasi ni uncle ko baka hindi nga binayadan yung tamang taxes baka inunder value or baka hindi nag bayd ng taxes. ang nakapag tataka is paano na ilipat nga naman sa name nya kung hindi nag bayad? may CTC na din so walang probelm yung authenticity ng title.

 

questions

 

1. is it possible na mailipat ang name ng seller to buyer pag hindi nag bayad ng taxes?

2. kung under value nga wala kayang maging problem ito in the future?

3. paano namin malalaman kung talgang ibinayad nga ang taxes?

 

thanks in advance

Regarding item 1, without paying capital gains tax of 6% (or alternatively VAT of 12%), also the documentary stamps (1.5%) and then the transfer tax (0.75%) and then finally the transfer fee of the Registrar of Deeds. Percentages are based on selling price or zonal + improvement, whichever is higher. Also, businesses have to pay their business tax for the sale. Skipping any of these payments may result in losing the property.

Regarding item 2, it can be done, just be very careful.

Regarding number 3, they should present receipts, the amounts to be paid can be easily computed.

 

is it normal for rd examiners to ask for or expect some grease money even if all documents are in order?

Sadly, yes they do, if you want your papers to come out at a reasonable time instead of extremely delayed.

[Dr_PepPeR]

One of the dangers of undervalueing in order to bring down the capital gains tax (normally borne by the seller) is that if push comes to shove and there is an unwinding of the sale, the buyer might only be able to get back the amount reflected in the Deed of Sale.

 

Maester TheSmilingBandit is quite correct. Even if your all your documents are in order, and have complied with all the requirements (including some that are dreamed up on the spot), don't expect it to be completed in a reasonable time if you have not forked over a facilitation fee. In the provinces, I could get away with having a title annotated by the next day if I order food for the whole RD staff, distribute a few 100 peso bills to the cashier, typist and records clerk, and then a bigger amount to the Register of Deeds or to the examiner. If I think I would have to go back for another transaction in the near future, I leave both of them a bottle of Fundador for goodwill.

[play_boi]

Regarding item 1, without paying capital gains tax of 6% (or alternatively VAT of 12%), also the documentary stamps (1.5%) and then the transfer tax (0.75%) and then finally the transfer fee of the Registrar of Deeds. Percentages are based on selling price or zonal + improvement, whichever is higher. Also, businesses have to pay their business tax for the sale. Skipping any of these payments may result in losing the property.

Regarding item 2, it can be done, just be very careful.

Regarding number 3, they should present receipts, the amounts to be paid can be easily computed.

 

Sadly, yes they do, if you want your papers to come out at a reasonable time instead of extremely delayed.

 

thanks!! ide like to clarify "losing the property" how will they do that?

it was written in the DOS that all the taxes will be payed by the seller. it wasnt our fault if they did not pay the taxes buti na lang hindi pa namin binibigay ang full payment. kaya lang kalahati na yun eh! malaking pera na ang na gagastos

Thanks

[mellowcat]

question on release procedures sa qc rd:

 

can one of the transferees of a tct request for release of the new tct to himself even if another person, say a broker, was authorize by the transferees to file the transfer sa rd. halimbawa, at the time of release wala kasi ung broker e nandun na un one of the transferees.

[jcsantos]

tanong lang po

 

meron kaming land sa antipolo tapos nung nung pumirma kami ng parang homeowners association contract na within a number of years d kami nakapag pagawa ng bahay pwede nila ibenta yung lupa namin ... totoo ba ito???

 

by the way pwede ko ba ibenta yung lupa namin na nakapangalan sa wifey ko ??

 

thanks

[Red light]

I have no idea whether that is the normal process but 3 months does sound like a long time. If I were to do the transfer personally, I could do it in 3 days if I had a nice fat 'facilitation' fee to motivate the Register of Deeds. If you let the documents run its normal course, it may take a month or longer. Maybe the experten SINless can answer this for you.

 

3 months? They are jacking you off, Ayala Land Sales Inc., Rockwell Land, and most other big companies can process papers in 2 days (depending on which RD and city).

 

I guess this is another scheme to delay the release of my title. Is it possible for me to personally work on the transferring process? Will the corporation (developer) allow it?

[Dr_PepPeR]

question on release procedures sa qc rd:

 

can one of the transferees of a tct request for release of the new tct to himself even if another person, say a broker, was authorize by the transferees to file the transfer sa rd. halimbawa, at the time of release wala kasi ung broker e nandun na un one of the transferees.

 

The last time I transacted with the QC RD, their rule of thumb was whoever was the one who filed the transaction in the RD would be the only one authorized to receive it. But that was years ago.

[Dr_PepPeR]

I guess this is another scheme to delay the release of my title. Is it possible for me to personally work on the transferring process? Will the corporation (developer) allow it?

 

It's possible for you to do it yourself if the developer cooperates with you and gives you the required documents. It may cost you a bit more though, since the developer has already 'greased' his way with the RD. Supposedly.

[jazon7099]

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).

 

salamat po sir. ngpunta po ako sa RD... sabi nman nila na idadaan pa daw sa DAR. tama po ba ito? or gimmik lng nila para kumita?

[TheSmilingBandit]

One of the dangers of undervalueing in order to bring down the capital gains tax (normally borne by the seller) is that if push comes to shove and there is an unwinding of the sale, the buyer might only be able to get back the amount reflected in the Deed of Sale.

 

Maester TheSmilingBandit is quite correct. Even if your all your documents are in order, and have complied with all the requirements (including some that are dreamed up on the spot), don't expect it to be completed in a reasonable time if you have not forked over a facilitation fee. In the provinces, I could get away with having a title annotated by the next day if I order food for the whole RD staff, distribute a few 100 peso bills to the cashier, typist and records clerk, and then a bigger amount to the Register of Deeds or to the examiner. If I think I would have to go back for another transaction in the near future, I leave both of them a bottle of Fundador for goodwill.

LOL, that sounds about right for the medium transactions, smaller transactions are cheaper and larger transactions are much more expensive.

 

thanks!! ide like to clarify "losing the property" how will they do that?

it was written in the DOS that all the taxes will be payed by the seller. it wasnt our fault if they did not pay the taxes buti na lang hindi pa namin binibigay ang full payment. kaya lang kalahati na yun eh! malaking pera na ang na gagastos

Thanks

Unfortunately the bureaucracy doesn't care about the smaller salient points of the Deed of Sale. If all the taxes aren't properly and fully paid, as per book value, then they sometimes consider the sale as unconsummated, thus the title reverts back to the previous owner, its easy enough to clarify if everything is fully paid up, just accompany their guy who is handling the payments.

 

question on release procedures sa qc rd:

 

can one of the transferees of a tct request for release of the new tct to himself even if another person, say a broker, was authorize by the transferees to file the transfer sa rd. halimbawa, at the time of release wala kasi ung broker e nandun na un one of the transferees.

If you have the OR of the transaction together with a letter of authorization from the person who actually filed the transfer (complete with a picture id), then yes.

 

tanong lang po

 

meron kaming land sa antipolo tapos nung nung pumirma kami ng parang homeowners association contract na within a number of years d kami nakapag pagawa ng bahay pwede nila ibenta yung lupa namin ... totoo ba ito???

 

by the way pwede ko ba ibenta yung lupa namin na nakapangalan sa wifey ko ??

 

thanks

??? What kind of contract is that with the homeowner's association? I've never heard of such a contract. As for selling the land that is in your wife's name, certainly you can, provided your wife is agreeable and signs the Deed of Absolute Sale, alternatively she can make a Special Power of Attorney giving you the power to sell on her behalf.

 

I guess this is another scheme to delay the release of my title. Is it possible for me to personally work on the transferring process? Will the corporation (developer) allow it?

Certainly its possible for you to file the papers, just be prepared to become frustrated with the bureaucracy. It helps if you have the complete set of papers, with multiple photocopies.

 

The last time I transacted with the QC RD, their rule of thumb was whoever was the one who filed the transaction in the RD would be the only one authorized to receive it. But that was years ago.

Of course, you could always authorize someone else to pick up the documents on your behalf laird and maester.

 

It's possible for you to do it yourself if the developer cooperates with you and gives you the required documents. It may cost you a bit more though, since the developer has already 'greased' his way with the RD. Supposedly.

My thinking is that perhaps the developer can't release the papers due to some snafu with their own paperwork. While the firm Red Light is referring to has had a good reputation, recent events have shown up casting some doubts on the viability of some of their newer projects.

[rocco69]

tama ito. lumalabas na agricultural ung lupa kaya kailangan ng clearance mula sa DAR

 

salamat po sir. ngpunta po ako sa RD... sabi nman nila na idadaan pa daw sa DAR. tama po ba ito? or gimmik lng nila para kumita?

[jcsantos]

Thanks SmilingBandit

 

More power to this thread

[wizard23]

greetings to the real estate experts here.

 

my brother bought a townhouse at canyon ranch in carmona, cavite. he's paying the amortization for 20 years. now he wants to sell it although the interest level is very low.

 

so we thought of selling it via rent to own scheme in the hope that it will be more attractive to buyers.

 

what is the normal downpayment required before the tenant would pay the monthly rent. is the downpayment amount up to the seller and is the downpayment usually non-refundable in case the tenant/buyer was not able to fulfill his obligations in the future.

 

can the tenant protect himself by applying for MRI even if the property is already with another bank (seller side).

 

appreciate your kind advice. tnx.

[TheSmilingBandit]

greetings to the real estate experts here.

 

my brother bought a townhouse at canyon ranch in carmona, cavite. he's paying the amortization for 20 years. now he wants to sell it although the interest level is very low.

 

so we thought of selling it via rent to own scheme in the hope that it will be more attractive to buyers.

 

what is the normal downpayment required before the tenant would pay the monthly rent. is the downpayment amount up to the seller and is the downpayment usually non-refundable in case the tenant/buyer was not able to fulfill his obligations in the future.

 

can the tenant protect himself by applying for MRI even if the property is already with another bank (seller side).

 

appreciate your kind advice. tnx.

Maester Wizard23, as a certified realtor you should already know the answers to your question. The downpayment is whatever amount the buyer and seller can come to an agreement with. While the d/p is usually non-refundable, again it depends on the contract of sale.

[jazon7099]

tama ito. lumalabas na agricultural ung lupa kaya kailangan ng clearance mula sa DAR

salamat po sir... pumunta po ako ng DAR. sabi nla package na po 20 thou. tpos cla na bahala sa titulo.

[wizard23]

Maester Wizard23, as a certified realtor you should already know the answers to your question. The downpayment is whatever amount the buyer and seller can come to an agreement with. While the d/p is usually non-refundable, again it depends on the contract of sale.

 

 

regardless, I need a 2nd opinion since I am not practicing it full time so i'm not aware of any latest developments/updates/practices in the industry. tnx.