The Legal Side of Real Estate

[swami]

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

[SINless]

Mga Bossing hingi lang advice. my problem kasi sister ko regarding condo unit she bought but still installment ang payment nya. naka 6 months na sya ng payment. the problem is hindi sya na well inform regarding division wall ng mga units na gagamitin ay gypsum board bago nya ito kinuha. ang pagkakaalam nya pag condo unit concrete wall ang division ng bawat unit. Pina stop na nya ang payment. Ayaw daw irefund ang mga nahulog nya.

 

Saan ba sya dapat magcomplain? o kelangan na nya ng real state lawyer? Please help naman.

What does her contract of sale state? What developer? You can complain to the HLURB (look at http://www.hlurb.gov.ph for more information) about this. Normally a condominium unit should be using concrete walls to separate it from other units, however interior walls may be constructed using gypsum boards.

 

Isa pa pong situation... Un neighbor ko nag pa secondfloor naapektuhan ang bahay ko kasi magkadikit un firewall po namin. nagtutuluan sa loob ng bahay ko pag naulan. pinagawa naman po nya. kaya lang after 7months umulan naman ganun pa rin ang nagyari so para wlang gulo ako na lang nag magpapagawa. kaya lang po ng ipaalam ko sa kanila na babaguhin ko yung flashing na ginawa nila dahil mali po ang pagkakagawa gusto nila i black and white na pag my nasira sa wall nila ay kami nag magpapagawa.

 

Dapat ko po ba na sangayunan sila? samantalang sila ang nakaperwisyo sa akin? dapt ko pa bang idulog ito sa city engineer? Pleas help naman po. TIA!

In the first place, you should have a space between the firewall and your house and between the firewall and his house, you can complain, but both of you are in violation of the safety regulations imposed by most city ordinances. My advise is to come to some sort of agreement, better yet, build up as well then let your gutter drip unto his.

 

Now if you really want to avoid the flooding, check where his gutter drains out to. If its on your roof, that could be the cause of the problem, alternatively it could be that his gutter overflows because its too shallow or it is clogged by leaves and trash.

[Red light]

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

[SINless]

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

[Dr_PepPeR]

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

 

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

[Dr_PepPeR]

Great advise Dr_PepPeR! I was informed that my title was, and I qoute, "assigned to the bank". Was asking them what it means, but the customer service assistant on the other line just kept telling me that it was assigned to the bank. In the end they were asking for 3 more weeks so they may finally pull out my title from that 'bank'.

 

Perhaps the lot owners who were able to commence/finish their houses in the subdivision proceed with their construction on a cash-basis (direct from their pockets). If I'm not mistaken, this way you actually do'nt have to procure the title, as long as the developer acknowledges your ownership (perhaps via the passbook which shows the lot is fully paid), so there is no denying them of the construction proceedings. Lucky for them they are financially capable. I, on the other hand, will have to apply for a loan from PAG-IBIG to have my dreamhouse constructed. It is a requirement that the PAG-IBIG memeber applying for the loan has the lot title. :cry:

 

 

"Assigned to the bank" means it was still mortgaged with the bank, to secure the loan the developer obtained from the bank.

 

 

Thnaks sir Swami. Am I in trouble? Is the mortgage a valid excuse in not handing over the lot title to me? Can I still bring this up to the HLURB?

 

 

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

[Leray]

Tanong ko lang ganito sitwasyon. Me binibili akong lot malinis naman title kaso yung me ari na nakalagay sa TCT nasa US. Father niya ang kausap ko. Kung magexecute kami ng deed of sale pwede bang signatory ang father on behalf of the daughter basta merong special power of attorney. Baka kasi maging issue pag sa pagtransfer na ng title sa name ko. Need advise of experts

[SINless]

Tanong ko lang ganito sitwasyon. Me binibili akong lot malinis naman title kaso yung me ari na nakalagay sa TCT nasa US. Father niya ang kausap ko. Kung magexecute kami ng deed of sale pwede bang signatory ang father on behalf of the daughter basta merong special power of attorney. Baka kasi maging issue pag sa pagtransfer na ng title sa name ko. Need advise of experts

 

The owner needs to execute an SPA duly notarized in the US and witnessed by the Philippine Consul there. Also I'd double check not just the title but also the tax declaration and the tax clearance if I were you. Hope this helps.

[Red light]

I'm sorry to cut in, but no, if you are fully paid up, the developer should hand you the title within 10 working days. Complain to the HLURB.

 

Thanks so much Master Sinful (sorry if it's a private pun with your clubmates; it seems the name was being used significantly more frequent than your actual handle name )! They set a deadline, and should I hear another excuse, then I'll proceed with the legal means.

 

Before a mortgage can be registered for undeveloped subdivision or condominium lots, the bank is required to sign an undertaking that they will release the title from the mortgage if the buyer has already paid in full. As SINless has advised, the best way is to write a complaint to the HLURB.

 

Copy that Dr. PepPeR! :thumbsupsmiley:

[SINless]

Thanks so much Master Sinful (sorry if it's a private pun with your clubmates; it seems the name was being used significantly more frequent than your actual handle name )! They set a deadline, and should I hear another excuse, then I'll proceed with the legal means.

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.

 

Copy that Dr. PepPeR! :thumbsupsmiley:

Dr_PepPeR is my IDOL!!!

[swami]

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.

 

Dr_PepPeR is my IDOL!!!

 

I concur. File a complaint with the HLURB. Teach them a lesson.

 

@Dr. Pepper: You said in one of your posts that you're not a lawyer? But you're very familiar with real estate law huh. That's great.

[Dr_PepPeR]

I concur. File a complaint with the HLURB. Teach them a lesson.

 

@Dr. Pepper: You said in one of your posts that you're not a lawyer? But you're very familiar with real estate law huh. That's great.

 

Sir, I am indeed a lawyer, or at least I was, until Atty. Myrna Feliciano, who was one of my teachers, bless her little black heart, came up with the MCLE.

[Dr_PepPeR]

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.

 

Dr_PepPeR is my IDOL!!!

 

Au contraire, I merely bask in your shadow.

[yellowjacket]

In the first place, you should have a space between the firewall and your house and between the firewall and his house, you can complain, but both of you are in violation of the safety regulations imposed by most city ordinances. My advise is to come to some sort of agreement, better yet, build up as well then let your gutter drip unto his.

 

Now if you really want to avoid the flooding, check where his gutter drains out to. If its on your roof, that could be the cause of the problem, alternatively it could be that his gutter overflows because its too shallow or it is clogged by leaves and trash.

 

Sir I bought the house single attached with a firewall and my neighbor built besides mine. I dont think I have a violation about that. Could you clarify this sir? Thank you po.

[SINless]

Au contraire, I merely bask in your shadow.

That's just like saying that the Sun basks in the light of a single matchstick my maester.

Sir I bought the house single attached with a firewall and my neighbor built besides mine. I dont think I have a violation about that. Could you clarify this sir? Thank you po.

Is it a townhouse type residence then? If it is and your neighbor built up a 2nd floor, did he bother getting a permit from the city engineer? He could be overstressing the support given by the firewall ... perhaps you should check with the city engineer's office ... oh and maybe the city assessor's office too.

 

A probable cause for the flooding is that his gutter drainage may be overflowing unto your roof, have an engineer take a look.