The Legal Side of Real Estate

[salaryman]

As the esteemed laird and maester of all things Dr_PepPeR has replied, the acceptance of the SPA is up to you, however to answer your questions:

 

1. Yes, then attach the SPA to the DoAS (Deed of Absolute Sale as opposed to Deed of Sale), with the father signing for each of the children. Make sure that the SPA is notarized to minimize your legal responsibility.

2. The RD can be fairly strict, again that depends on how much greasing you do.

3. Any and all of the children can contest it and tie up the property for decades (considering the local justice system) in court before the issue is decided, one way or the other.

 

Question: Why not just have each child sign the DoAS?

 

Thanks,

 

I asked the father to let each child sign on the DoAS. But he said that some of his children are in the provinces and will be very inconvenient for them to come to Manila.

 

I guess the best solution to ease my misgivings is to have everyone (Father + Children + Spouses of children) to sign on the Deed of absolute sale.

 

Any more words of advice will be greatly appreciated...

 

Thanks again

[TheSmilingBandit]

Thanks,

 

I asked the father to let each child sign on the DoAS. But he said that some of his children are in the provinces and will be very inconvenient for them to come to Manila.

 

I guess the best solution to ease my misgivings is to have everyone (Father + Children + Spouses of children) to sign on the Deed of absolute sale.

 

Any more words of advice will be greatly appreciated...

 

Thanks again

LOL, the best way is to have them sign it in front of the notary public, barring that, you can send the DoAS to each child (via LBC or FedEx or whathaveyou) in a row and have them sign it. That's why most people deal with brokers (licensed ones) since they will take care of these things.

[iamgame]

Hi, i would like to consult my situation. i have a 150 sq. m lot property in a subdivision in Cavite that i acquired in 1994, i have w/ me the Land Title and has been up to date in paying the real property tax. i wasn’t able to built a house on that lot since i settled in Leyte and had my house built there. last 2008, i asked my sister-in-law to visit and check my property, according to her, one of the homeowner’s assoc. officer of the subdivision inform her that i have an outstanding dues (P50K plus) that i have to pay to the homeowner’s assoc., they said it was the accumulated homeowner’s monthly dues that i haven’t paid since i acquired the property. i refused to pay the aforementioned dues since i feel its unfair for me to be charged with a monthly HO dues coz i don’t have a house there and doesn’t get the benefits of a homeowner. my questions...What is the legal consequences of mine not paying the HO monthly dues they are charging me? Am i really obliged to pay the monthly HO dues even if i don’t have a house there yet? TIA.

[TheSmilingBandit]

Hi, i would like to consult my situation. i have a 150 sq. m lot property in a subdivision in Cavite that i acquired in 1994, i have w/ me the Land Title and has been up to date in paying the real property tax. i wasn’t able to built a house on that lot since i settled in Leyte and had my house built there. last 2008, i asked my sister-in-law to visit and check my property, according to her, one of the homeowner’s assoc. officer of the subdivision inform her that i have an outstanding dues (P50K plus) that i have to pay to the homeowner’s assoc., they said it was the accumulated homeowner’s monthly dues that i haven’t paid since i acquired the property. i refused to pay the aforementioned dues since i feel its unfair for me to be charged with a monthly HO dues coz i don’t have a house there and doesn’t get the benefits of a homeowner. my questions...What is the legal consequences of mine not paying the HO monthly dues they are charging me? Am i really obliged to pay the monthly HO dues even if i don’t have a house there yet? TIA.

Well the HO dues are for the maintenance of the roads and lighting as well as the payments for the security. Whether or not you are occupying/using the land or not, the dues are dues. Without payment of the dues, they can prevent you from selling the property.

[wildswans]

hi there. i like to ask about eviction aka sheriff.

 

is it standard procedure after paying the necessary eviction fee, the court will give 5 days notice to the occupants of the house to move out otherwise they will be evicted forcibly?

 

what if the occupants of the house intentionally lock the house and go some place else but all their belongings are still inside the house para sabihin there's no one around that day, can the eviction group force their way inside the house? what will happen and what to do if the occupants intentionally leave the place lock with all their belongings still inside?

 

any info will be highly appreciated.

[iamgame]

Well the HO dues are for the maintenance of the roads and lighting as well as the payments for the security. Whether or not you are occupying/using the land or not, the dues are dues. Without payment of the dues, they can prevent you from selling the property.

 

 

Thank you for the advice SmilingBandit...I might just negotiate with HO assoc. to at least lower my outstanding dues.

[TheSmilingBandit]

hi there. i like to ask about eviction aka sheriff.

 

is it standard procedure after paying the necessary eviction fee, the court will give 5 days notice to the occupants of the house to move out otherwise they will be evicted forcibly?

 

what if the occupants of the house intentionally lock the house and go some place else but all their belongings are still inside the house para sabihin there's no one around that day, can the eviction group force their way inside the house? what will happen and what to do if the occupants intentionally leave the place lock with all their belongings still inside?

 

any info will be highly appreciated.

Has the other party received the eviction notice?

 

Thank you for the advice SmilingBandit...I might just negotiate with HO assoc. to at least lower my outstanding dues.

I hope you can negotiate with them.

[wildswans]

Has the other party received the eviction notice?

 

sir, i don't think the other party has received the notice as my parents just paid for the eviction fee and they were told that the other party will be given a 5 days notice before evicting them. i'm just worried that the other party might go into hiding that day to make it look that there's nobody in the house. i can't help worrying bout it since the other party have been giving my parents the run around and my parents don't deserved such treatment considering they're old already. the only fault of my parents was they have been too kind to the other party even when the check's were starting to bounce and my parents keeps giving him a chance hoping that he will be true to his word and at the same time avoid having to go to court. but things were unbearable for my parents already so they had no choice but to file a case against him. i just hope it will be over soon as this have drag on for a year already.

Edited July 15, 2010 by wildswans

[TheSmilingBandit]

sir, i don't think the other party has received the notice as my parents just paid for the eviction fee and they were told that the other party will be given a 5 days notice before evicting them. i'm just worried that the other party might go into hiding that day to make it look that there's nobody in the house. i can't help worrying bout it since the other party have been giving my parents the run around and my parents don't deserved such treatment considering they're old already. the only fault of my parents was they have been too kind to the other party even when the check's were starting to bounce and my parents keeps giving him a chance hoping that he will be true to his word and at the same time avoid having to go to court. but things were unbearable for my parents already so they had no choice but to file a case against him. i just hope it will be over soon as this have drag on for a year already.

Okay, that prolongs the agony a little bit. If the evicted party isn't there, but the property is in the name of your parents, you can break the lock/s and replace them with new sturdy ones. The sheriffs will probably help with this (given a little encouragement ... financially speaking). The best bet is to have a locksmith ready to pick the lock/s and replace them. I do mean pretty much all of them mind you.

[wildswans]

Okay, that prolongs the agony a little bit. If the evicted party isn't there, but the property is in the name of your parents, you can break the lock/s and replace them with new sturdy ones. The sheriffs will probably help with this (given a little encouragement ... financially speaking). The best bet is to have a locksmith ready to pick the lock/s and replace them. I do mean pretty much all of them mind you.

 

sir, the property is still in my parents name. they haven't fully paid the property yet thus no transfer of names were made. just to clarify..so it won't be illegal to break the locks or break-in even if the belongings of the other party are still inside the house?

[TheSmilingBandit]

sir, the property is still in my parents name. they haven't fully paid the property yet thus no transfer of names were made. just to clarify..so it won't be illegal to break the locks or break-in even if the belongings of the other party are still inside the house?

You aren't breaking in, you are repossessing the property of your family, just do it with the sheriff as your witness.

[wildswans]

You aren't breaking in, you are repossessing the property of your family, just do it with the sheriff as your witness.

 

ok. thank you sir for your advice.

[spadon]

Good day,

 

Could you please provide format for an affidavit of no improvement on real property?

 

I've tried surfing but couldn't find this among the legal doc formats availble on the net.

 

Thanks.

[TheSmilingBandit]

Good day,

 

Could you please provide format for an affidavit of no improvement on real property?

 

I've tried surfing but couldn't find this among the legal doc formats availble on the net.

 

Thanks.

Most city/municipal halls have a format you can follow.

[wildswans]

good day sir, i would like to ask some follow up questions regarding eviction/sheriff again. according to my mom, our lawyer told her that someone from the sheriff department tried delivering the notice to the other party but the other party supposedly went out of town. my mom called up an acquiantance who's a neighbor of the other party and they confirmed that the guy didn't go out of town coz they see the guy and his family coming home everyday. my mom feels that the sheriff might be lying especially after getting paid already so our lawyer will talk to them soon. my questions are:

 

1. is it possible that the other party couldve bribed the sheriff to buy some time?

2. is it possible for a sheriff to never fulfill their duty or intentionally delay it after getting paid of the sheriff's fee (coz my mom said that they won't move unless they get paid of the fee first perhaps our lawyer told her that)?

3. what measures can be taken should the other party refuse to receive the notice?

4. what's the best thing to do in this situation and is the delay even normal?

 

thanks for any info.