Dr_PepPeR Posted November 14, 2007 Share Posted November 14, 2007 Guys,Help me naman, for transfer of Title, ano ba nag tamang procedure? ito po ang scenario. Nabili ko po ang lupa sa Cavite na nakapangalan kay ex: Pedro Santos married to Mila Santos, meron na kaming deed of sale at special power of Attorney na lilipat na sa akin ang title lahat ng documents na sa akin na (original Title at mga dockumentong galing sa National Home mortgage. Nabayaran ko na rin ang lahat tax na kailangan, ibig sabihin cleared na ako sa BIR. Ang problema patay na pala itong si Mila ang asawa ng seller. Naibigay ko na din ang NSO death certificate, at special power of attorney na wala ng maghahabol pati ang anak pina pirma sa SPA. Napa publish na rin namin sa dyaryo na tiong lupa na ito ay ibinenta sa akin, bale 1 month na naka publish. Nang ipapasa na namin sa Registry of Deeds, hinihingan pa kami ng certification na katunayan na wala ng ibang property itong si Mila sa probinsiya at may babayaran pa daw kami sa land reform. Ang tanong ko po ano po ba talaga ang procedure dito? Ano pong koneksiyon ng ibang property ni Mila sa binibili kong lupa sa Cavite? Gaano po ba katagal ang transfer of Title sa RD. Maraming salamat po sana po maliwanagan po ninyo ako sa problemang ito. Actually the proper procedure to to have Pedro Santos and the children (if they are of legal age) to execute a Deed of Extrajudicial Partition and follow the steps outlined in one of the posts above. If an SPA was really executed by Mila Santos, it automatically lost its validity upon her death. Once the estate tax is paid then the heirs of Mila Santos can now execute the Deed of Sale in your favor. Quote Link to comment
Dr_PepPeR Posted November 14, 2007 Share Posted November 14, 2007 a follow up question ... I have a friend who wanted to buy a piece of land na awarded ... it has a TCT however may encumbrances na di pdeng i mortgaged, transfer nor sell within the period of 20 years ... naka 19 years na kc ang lumipas and I think 1 year n lang eh lapse na yung encumbrances ... question is, can I buy the land? safe bang bilhin yun? definitely ba yung encumbrances eh pde mawala after 20 years or may idadagdag pa dun? ano ano yung downside nun? ang upside kc ... pde ko syang baratin ng konti TIA Better to be safe than sorry. Why not just execute a contract to sell first (with earnest money) and have the seller sign an undated Deed of Absolute Sale and let you keep the title or put it under escrow? Technically, you can't purchase the property until the 20 years have expired, and since there is only one year left, just register the Deed of Absolute Sale then. Quote Link to comment
jigger_horny Posted November 15, 2007 Share Posted November 15, 2007 that's also what I am thinking ... salamat sa advice Dr. Better to be safe than sorry. Why not just execute a contract to sell first (with earnest money) and have the seller sign an undated Deed of Absolute Sale and let you keep the title or put it under escrow? Technically, you can't purchase the property until the 20 years have expired, and since there is only one year left, just register the Deed of Absolute Sale then. Quote Link to comment
jigger_horny Posted November 15, 2007 Share Posted November 15, 2007 Dr. pepper ... sa application registration ba klangan yung seller ang pipirma? that's form 1902 yata ... Quote Link to comment
Dr_PepPeR Posted November 17, 2007 Share Posted November 17, 2007 Dr. pepper ... sa application registration ba klangan yung seller ang pipirma? that's form 1902 yata ... Not necessarily. The one who signs the application will be the only authorized person to receive the processed documents. Quote Link to comment
id6230 Posted November 17, 2007 Share Posted November 17, 2007 Sadly, you hear time and again that it is very easy to forge documents here in the Philippines particularly land titles kaya proceed with due diligence. Quote Link to comment
Kupad Posted November 21, 2007 Share Posted November 21, 2007 Dr. pepper,Salamat po na marami...... :thumbsupsmiley: Quote Link to comment
webmaster_ph Posted December 4, 2007 Share Posted December 4, 2007 hi folks, i need your advice on this situation: our neighbor used our wall located at the rear of our residence as part of their house. maybe it was because they did not have the money to construct their own. to make matters worse noise easily penetrated to our once peaceful home. its quite annoying. my questions are: 1. is there any law which I can quote that prevents this?2. what should i do? i was planning to resolve this through the barangay hall.3. what are my other rights? thank you. Quote Link to comment
jojoendejr Posted December 5, 2007 Share Posted December 5, 2007 If your wall is within the boundaries of your real estate and your neighbor made use of that wall as part of their house, that means your neighbor is encroaching your property. In which case, you can go to the barangay to settle the issue about property boundaries. If your neighbor is causing noise which is a total nuisance, you can also go to the barangay and file a complaint for abatement of private nuisance. In any case, if nothing good comes out of your barangay complaint, you can go to Court to file a civil case for abatement (in the case of the excessive noise) or ejectment (for that part of their house which intruded your property). In both cases, you can ask for the reward of consequential damages (moral damage, actual damage, exemplary damage and litigation expenses). This is what is commonly known as danyos perhuwisyo. Quote Link to comment
webmaster_ph Posted December 6, 2007 Share Posted December 6, 2007 it seems like a good idea. maybe the barangay officials can settle the issue. Quote Link to comment
boxer18 Posted December 19, 2007 Share Posted December 19, 2007 Guys, madali lang question ko. I'm going to get a loan to get an un-occupied house renovated para makalipat na ko dun, currently the title is under my dad's name. I need to get it title transferred from my dad to me to get a loan right? if so, how do i go about doing it? Thanks for the help guys! Quote Link to comment
duralife Posted December 19, 2007 Share Posted December 19, 2007 Guys, madali lang question ko. I'm going to get a loan to get an un-occupied house renovated para makalipat na ko dun, currently the title is under my dad's name. I need to get it title transferred from my dad to me to get a loan right? if so, how do i go about doing it? Thanks for the help guys! dude i PM you the steps.... Quote Link to comment
Dr_PepPeR Posted January 2, 2008 Share Posted January 2, 2008 Guys, madali lang question ko. I'm going to get a loan to get an un-occupied house renovated para makalipat na ko dun, currently the title is under my dad's name. I need to get it title transferred from my dad to me to get a loan right? if so, how do i go about doing it? Thanks for the help guys! No secret to the answer for this. The fastest and cost-effective way of transferring the title to your name would be under a Deed of Sale which is subject to the Capital Gains Tax. Quote Link to comment
tabolits Posted January 11, 2008 Share Posted January 11, 2008 (edited) Hmm, okay ang mga opinions dito... Edited January 11, 2008 by tabolits Quote Link to comment
pedrupenduku Posted January 12, 2008 Share Posted January 12, 2008 guys, I'm planning to buy a lot from those I see on newspaper, how do I ask ther person that I would like to have the title verified from the registry of deeds first just to make sure that the title is clean without offending the person? and also, aside from verifying it from the registry of deeds, what else do I need to do just to make sure that its clean and I will get the real land title not a fake one, how would you differentiate a fake land title from an original one? TIA Quote Link to comment
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