The Legal Side of Real Estate

[Cyk-O]

Hello mga sir. May question po ako regarding sa problem ng friend ko. May bibilhin siya na house & lot worth 1.4M. Downpayment yung friend ko ng 400K. Then the remaining balance will be paid 24 months.

 

Question is, if nakapag-down na. Possibly ba na pede na umalis yung may-ari? Balak kasi ng friend ko na paupahan. Para di masakit sa bulsa niya habang binabayaran niya yung monthly balance.

Edited August 3, 2012 by Cyk-O

[rocco69]

nasa usapan nila. kung papayag ba yung seller eh.

 

Hello mga sir. May question po ako regarding sa problem ng friend ko. May bibilhin siya na house & lot worth 1.4M. Downpayment yung friend ko ng 400K. Then the remaining balance will be paid 24 months.

 

Question is, if nakapag-down na. Possibly ba na pede na umalis yung may-ari? Balak kasi ng friend ko na paupahan. Para di masakit sa bulsa niya habang binabayaran niya yung monthly balance.

[Cyk-O]

nasa usapan nila. kung papayag ba yung seller eh.

 

 

Salamat Sir.

[japlog]

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

[moridins79]

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

 

What do you mean may discrepancy? Was the deed of sale notarized?

[japlog]

Thanks sa reply bro...the deed of sale was notarized but the signature of the seller sa deed of sale is not even close to the signature she made sa contract she made with GSIS. Now the seller is already dead and we have no more contact sa husband and mga anak.

 

What do you mean may discrepancy? Was the deed of sale notarized?

[aspadeisaspade]

how do you compute a building permit fee and how do you bring it down? Sa paranaqgue area, how much ang on-going facilitation fee? thanks

[rocco69]

apparently, its based on the area of the building to be constructed. peg it at P30/square meter. so, if the permit fee is based on area, to bring it down, you'll have to alter the building plans you submit to reflect a smaller area (you could then have problems later when you apply for the occupancy permit as the actual building, when inspected, will now be different from the plan submitted for the building permit).

 

Pinaka the best niyan, ipalakad mo na lang sa taga-loob(para wala na ring hasssle dun sa pagpapa-approve ng plans (they always find defects in the plans, electrical, plumbing, etc. anyway). yun nga lang, don't know how much fixer's fees range in Paranaque.

 

 

how do you compute a building permit fee and how do you bring it down? Sa paranaqgue area, how much ang on-going facilitation fee? thanks

[dictum]

mga Sirs hope you can provide some legal advise sa concern ko below...

 

May property ang uncle ko na binili from a person long time ago(siguro meron ng 15 yrs to). The property is under GSIS and until now di pa nalipat sa name ng uncle ko un property. May discrepancy kasi un signature ng contract owner vs sa deed of sale na in-execute nila. There are a few complications sa issue na to so please bear with me.

 

1). The original contract owner is already dead. I think the husband and un mga anak are still living but right now we have no way to trace their location anymore.

 

2). To make the issue more complicated, un uncle ko namatay na without having the said property na malipat sa name niya. So right now the property is still with GSIS and what we have right now is the deed of sale executed only.

 

Paano po ba dapat ang gawin namin dito para magkaron na ng title un property. Ang plan sana is to sell the property but without a clean title mahirapan po kami gawin ito.

 

Alam ko po mahabang proseso to kasi both of the proponents ng deed of sale are both deceased already.

But we have to start from somewhere so any advise you can give me will be greatly appreciated.

 

 

 

Aside from the deed of sale between the original owner and your uncle, do you have a receipt or any other document to show that there was an actual sale of the property?

 

Since the title is still under the name of GSIS, what is the document that transfers ownership to the seller from whom your uncle bought the property?

 

Please pm me for details. Thanks.

[calcio11]

Hi Guys, I bought a lot from Filinvest since 2010 and it is now fully paid but the "Title" has not been released yet.

Recently, i receive a mail from Filinvest asking me to pay the monthly association dues.

 

Is this compulsory since i am not living or using the said lot?

If i will not pay the association dues, do they have any ground to sue me?

Do they have the right not to release the Title of the lot?

 

Thanks

Edited September 15, 2012 by calcio11

[rocco69]

look at the "deed of restrictions" (either this is stamped on the back of the title, or this is in a separate document, but the existence of which is stamped at the back of the title) if it provides that you have to pay monthly dues (it probably does).

 

1. Is this compulsory since i am not living or using the said lot?

 

When you bought the property, the deed of sale would have provided that you also agreed to the deed of restrictions. since you agreed to the restrictions, you have to comply with the restrictions, including the payment of monthly dues (which would probably be due whether you lived on the property or not).

 

2. If i will not pay the association dues, do they have any ground to sue me?

 

They don't need to sue you, bakit pa magpapakahirap yung developer when...

 

3. Do they have the right not to release the Title of the lot?

 

...they can withhold the title due to your failure to comply with certain conditions (which would, most probably, include the requirement of being up-to-date on dues).

 

Ikaw ang maghihirap. You want to sell the property?... you would probably need the approval of the developer (who will not give it if you are not up-to-date on dues).

 

You want to build a structure on the property?... you need a building permit from the municipality... which will require a clearance from the developer/homeowner's association... who will not give a clearance unless you are up-to-date on dues.

 

Get the picture.

 

In the interim, so long as you do not do any of this things, the dues just pile up, palaki ng palaki until you need to sell, or put up a structure, in which case, anlaki ng babayaran mo dahil nagtambak na yung unpaid dues.

 

Hi Guys, I bought a lot from Filinvest since 2010 and it is now fully paid but the "Title" has not been released yet.

Recently, i receive a mail from Filinvest asking me to pay the monthly association dues.

 

Is this compulsory since i am not living or using the said lot?

If i will not pay the association dues, do they have any ground to sue me?

Do they have the right not to release the Title of the lot?

 

Thanks

[TheSmilingBandit]

Thanks sa reply bro...the deed of sale was notarized but the signature of the seller sa deed of sale is not even close to the signature she made sa contract she made with GSIS. Now the seller is already dead and we have no more contact sa husband and mga anak.

I think you can kiss this one goodbye, it will be very hard to prove that the seller is the owner of the property.

 

Hi Guys, I bought a lot from Filinvest since 2010 and it is now fully paid but the "Title" has not been released yet.

Recently, i receive a mail from Filinvest asking me to pay the monthly association dues.

 

Is this compulsory since i am not living or using the said lot?

If i will not pay the association dues, do they have any ground to sue me?

Do they have the right not to release the Title of the lot?

 

Thanks

If the title has not been released, more often than not it means you don't have to pay dues, in fact you can file a complaint with the HLURB as to the delay in the release of the title. Threatening to file a suit might expedite matters for the release of your title.

[clubgoer]

Saludo ako sa lahat ng mga nagbibigay ng tulong... Salamat ng marami!

[reacherjack]

ask ko lang po kung ano ang procedure para kumuha ng right-of-way?

yung farm lot kasi namin ay napalibutan na ng subdivision - Filinvest.

nakakapasok naman kami pero gusto ko sana legal ang pagdaan namin.

yung shortest route po kasi ay dadaan mismo sa roads ng subdivision kaso

hindi talaga nakadikit ang road sa lot namin.

may kailangan pa kaming bilhin na row lot para dumugtong sa road

ng subdivision.

salamat.

[japlog]

Bro..thanks sa reply.. I tried to PM you but it seems you cant receive PM anymore.

Anyway, just to answer your questions,

 

Aside from the deed of sale between the original owner and your uncle, do you have a receipt or any other document to show that there was an actual sale of the property?

ANS. The only proof that we have right now that there was actual sale of the property is the deed of sale. Actually, the property was not fully paid yet when the sale was made between the seller at ng uncle ko. So ang nangyari, un uncle ko na lang ang nagtuloy ng monthly payments until it was fully paid. We have the receipt of payments made monthly. The property is fully paid but wala pang clean title.

 

Since the title is still under the name of GSIS, what is the document that transfers ownership to the seller from whom your uncle bought the property?

ANS. Di pa na transfer un ownership from GSIS to either the seller or uncle ko. Right now wala pang titulo un property.

 

Aside from the deed of sale between the original owner and your uncle, do you have a receipt or any other document to show that there was an actual sale of the property?

 

Since the title is still under the name of GSIS, what is the document that transfers ownership to the seller from whom your uncle bought the property?

 

Please pm me for details. Thanks.

[Little John]

ask ko lang po kung ano ang procedure para kumuha ng right-of-way?

yung farm lot kasi namin ay napalibutan na ng subdivision - Filinvest.

nakakapasok naman kami pero gusto ko sana legal ang pagdaan namin.

yung shortest route po kasi ay dadaan mismo sa roads ng subdivision kaso

hindi talaga nakadikit ang road sa lot namin.

may kailangan pa kaming bilhin na row lot para dumugtong sa road

ng subdivision.

salamat.

 

best way to do is offer to buy portion of the land that will give you that right of way

although you are not required to do this because the developer has the obligation to give

you such right of way that is not to obstruct your free passage to your property.

[morato]

magkano dapat ibigay sa mga ahente ng lupa kapag nagpatulong ka magbenta?

[rocco69]

nasa usapan nyo yan. kung papayag sa 5%, o di-kaya'y 3%, o 1%, o libre, bakit hindi? nasa kasunduan nyo.

 

magkano dapat ibigay sa mga ahente ng lupa kapag nagpatulong ka magbenta?

[kennethmd]

Mga Sir, bumili kasi ako ng lot sa isang subdivision, nagbayad na ako ng equity and transfer fee and the rest ay iloloan ko sana sa pag ibig which is sila na daw ang bahalang magayos.. after 7 months wala pang title yung property at syempre di pa lumalakad papers ko sa pag ibig and gusto ko na magback out. may karapatan ba sila magpenalty since sila ang may pagkukulang?

[oliverjohnholmes]

seeking help on what are the prohibited provisions in an absolute deed of sale in order to avoid rejection when registration is sought with the RD... do you have any circular, memo, guideline, IRR to guide me?

 

will await advice.

 

thanks.

[rocco69]

sale of land to a foreigner or a corporation 40+ percent of which is owned by foreigner/s is prohibited (see Sec. 7, Art. 12, Constitution)

 

seeking help on what are the prohibited provisions in an absolute deed of sale in order to avoid rejection when registration is sought with the RD... do you have any circular, memo, guideline, IRR to guide me?

 

will await advice.

 

thanks.

Edited January 19, 2013 by rocco69

[oliverjohnholmes]

sale of land to a foreigner or a corporation 40+ percent of which is owned by foreigner/s is prohibited (see Sec. 7, Art. 12, Constitution)

 

 

 

thanks sir

 

aside from this, is there a specific guideline prohibiting the inclusion of a resolutory or penal clause in the deed of absolute sale?

[rocco69]

Generally, no.

 

Note, however, that for penalties involving the payment of interest, interest of 3% or more per month (36% per annum) has been declared unconscionable by the Supreme Court. By implication, 35.9% would be perfectly acceptable (resulting in credit card companies now charging 2.75% interest per month or 33%/annum).

 

Also, penal clauses that are contrary to law would not be allowed (eg. to pay 1 gram of shabu/month for failure to pay on time)

 

Note also that sale of real property is governed by the Maceda Law (which prohibits unilateral forfeiture of installment payments if the buyer has made 2 years or more of installment payments; as well as unilateral rescission of installment sales. See RA 6552).

 

thanks sir

 

aside from this, is there a specific guideline prohibiting the inclusion of a resolutory or penal clause in the deed of absolute sale?

Edited January 23, 2013 by rocco69

[oliverjohnholmes]

Generally, no.

 

Note, however, that for penalties involving the payment of interest, interest of 3% or more per month (36% per annum) has been declared unconscionable by the Supreme Court. By implication, 35.9% would be perfectly acceptable (resulting in credit card companies now charging 2.75% interest per month or 33%/annum).

 

Also, penal clauses that are contrary to law would not be allowed (eg. to pay 1 gram of shabu/month for failure to pay on time)

 

Note also that sale of real property is governed by the Maceda Law (which prohibits unilateral forfeiture of installment payments if the buyer has made 2 years or more of installment payments; as well as unilateral rescission of installment sales. See RA 6552).

 

 

 

thanks again kind sir... may the force be always with you

[sasuke8]

need your advice..when i married my wife that was when i realized she owes a lot of people a lot of money..shes been receiving letters from law office..a while ago i received a subpoena for her. i think her case is bp 22. i think over all she owes this particular person 2mil. we dont have the means to pay such amount right now..im only about to leave to work abroad. what option can i do?thanks