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The Legal Side of Real Estate


rickyv

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May I ask for advice on a house and lot being offered to me.

 

Said property was awarded to the new owners (who are selling it now to me) after Sheriff's Final Deed of Sale was given to the new owners by the RTC in Valenzuela City and the period of redemption expired with the debtor and all possible redemptioners failing to exercise right of redemption in 2007.

 

Several manifestations and petitions were filed by the debtor redemptioners during the years 2011, 2012, 2013 and in all instances an Ex-Parte Motion for Writ of Possession was granted by RTC Valenzuela, denying the debtor's petitions. This year 2013, the Sheriff executed the Writ of Possession and the new owners are finally now in possession of said property and are offering to sell to me.

 

If I purchase the property and when already titled to me, the debtor redemptioner elevates the case to the Court of Appeals and assuming the case gets elevated further to the Supreme Court what are the possible scenarios for me as purchaser and new owner if the SC rules in favor of the debtor redemptioner?

If possible, try to have a out of court settlement with the debtor.

Otherwise, forget about the deal, it is not worth it. It is not easy to travel around in bulletproof cars and walk around in bulletproof vest all the time.

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  • 2 weeks later...

Guys I hope some free advise from the lawyer/attorney here.

 

We owned a land parcel and lost the "dead of sell". My problem is how to claim the right of ownership (if there is) invested on that land parcel.

 

Ito po kasi. We back 1988 my parents bought a commercial land and land land parcel at ang katabi ng lupa namin ay Agrarian. My father planted a tree and after almost 25 years pinaputol na yung kahoy. Completo ang permit of cutting from barangay and DENR. Ang may ari ng agrarian land claiming na kanila yung land parcel. The case was filled on the court and after court hearing the case dismissed at ang Court decision ay ang lupa ay pag mamay ari na ng land lord.

 

Ang tanong ko is there a way na pwede namin kunin lahat na kahoy? Ano ang pwede naming gagawin in legal process?

 

Salamat sa tulong.

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  • 4 weeks later...

Hi Masters, need some advice regarding deed of sale. This deed of sale was executed waaaaay back in 1977 but was never notarized. Can I have it notarized today to make it valid? TIA.

WITHOUT THE LEGALESE...

LEGALLY, BAWAL NA YAN,BAKA PATAY NA YUNG PUMIRMA NUNG 1977..STRICT NA KASI YUNG BAGONG RULES NG NOTARIAL PRACTICE,LALO PA NGAYON KAILANGAN NG GOVT ISSUED ID AT HINDI CEDULA..

IN PRACTICE THOUGH,WALANG IMPOSIBLE SA PINAS.. MAY MAGNONOTARYO PA DIN NYAN,ILLEGAL NGA LANG..USUALLY MAHAL SINGIL SA GANYAN..

IMHO,WAG NALANG.. MEDAMANDA KA PA :))

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Guys I hope some free advise from the lawyer/attorney here.

 

We owned a land parcel and lost the "dead of sell". My problem is how to claim the right of ownership (if there is) invested on that land parcel.

 

Ito po kasi. We back 1988 my parents bought a commercial land and land land parcel at ang katabi ng lupa namin ay Agrarian. My father planted a tree and after almost 25 years pinaputol na yung kahoy. Completo ang permit of cutting from barangay and DENR. Ang may ari ng agrarian land claiming na kanila yung land parcel. The case was filled on the court and after court hearing the case dismissed at ang Court decision ay ang lupa ay pag mamay ari na ng land lord.

 

Ang tanong ko is there a way na pwede namin kunin lahat na kahoy? Ano ang pwede naming gagawin in legal process?

 

Salamat sa tulong.

WOULD NEED MORE FACTS,KAHOY NALANG BA BINABAWI NYO? MAHIRAP KASI BAKA KASAMA NA SA JUDGMENT NG CASE NA NATALO KAYO (LANDLORD NANALO AT D KYO DB?) YUNG MGA KAHOY. ANO BA YUNG UNANG CASE NA FINILE?

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WITHOUT THE LEGALESE...

LEGALLY, BAWAL NA YAN,BAKA PATAY NA YUNG PUMIRMA NUNG 1977..STRICT NA KASI YUNG BAGONG RULES NG NOTARIAL PRACTICE,LALO PA NGAYON KAILANGAN NG GOVT ISSUED ID AT HINDI CEDULA..

IN PRACTICE THOUGH,WALANG IMPOSIBLE SA PINAS.. MAY MAGNONOTARYO PA DIN NYAN,ILLEGAL NGA LANG..USUALLY MAHAL SINGIL SA GANYAN..

IMHO,WAG NALANG.. MEDAMANDA KA PA :))

 

 

Maraming salamat master! I appreciate the input.

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WOULD NEED MORE FACTS,KAHOY NALANG BA BINABAWI NYO? MAHIRAP KASI BAKA KASAMA NA SA JUDGMENT NG CASE NA NATALO KAYO (LANDLORD NANALO AT D KYO DB?) YUNG MGA KAHOY. ANO BA YUNG UNANG CASE NA FINILE?

first case filed was thief against to my father. but the one who filled the case is not the landlord but the agrarian owner who have interest in the said land parcel. We also filled illegal arrest to the son of agrarian owner and at the same he has no SPA from his deceased parents. at the end the real owner of the land parcel is the landlord.

 

I am asking if there is other legal way for us to claim kahit kahoy nalang? As of now, as advised by the lawyer "may karapatan daw kami sa mga kahoy" But my father is afraid that same thing will happen again. Wala kaming pinanghahawakan na docs as reference na pwede namin putulin yung kahoy. As of now, nasa position parin namin ang land parcel but not legal. Di din naman kini-claim ng land lord from our position. We are after for the trees dahil may value na sya. What we can do para ma claim namin legally yung mga trees na yun? Dahil yung anak ng may-ari ng agrarian na katabi namin intersado at gusto nya makuha.

 

Thanks for the reply...

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first case filed was thief against to my father. but the one who filled the case is not the landlord but the agrarian owner who have interest in the said land parcel. We also filled illegal arrest to the son of agrarian owner and at the same he has no SPA from his deceased parents. at the end the real owner of the land parcel is the landlord.

 

I am asking if there is other legal way for us to claim kahit kahoy nalang? As of now, as advised by the lawyer "may karapatan daw kami sa mga kahoy" But my father is afraid that same thing will happen again. Wala kaming pinanghahawakan na docs as reference na pwede namin putulin yung kahoy. As of now, nasa position parin namin ang land parcel but not legal. Di din naman kini-claim ng land lord from our position. We are after for the trees dahil may value na sya. What we can do para ma claim namin legally yung mga trees na yun? Dahil yung anak ng may-ari ng agrarian na katabi namin intersado at gusto nya makuha.

 

Thanks for the reply...

NATALO NA KAYO DIBA,BAKA MAG PAEXECUTE NA NG DESISYON YUNG LANDLORD..YARI KAU PAG GANUN AT BAKA MAPALAYAS,O MAWALA NA PAGKAHAWAK NYO SA LUPA..SINCE POSSESSION IS WITH YOU,MADALI NYO MAPEPERA ANG KAHOY..KAYA LANG OF.COURSE KAKASUHAN KAYO ULIT,MALAMANG NUNG LANDLORD..SB M MAY LAWYER KAYO,LET HIM.WORK FOR YOU..MAHIRAP SA GANITO FORUMS,PURO KULANG ANG ADVICE AT GENERALIZATIONS LANG ANG BASIS NG LEGAL OPINION..

KUNG GUSTO NYO NA TALAGA PERAHIN ANG LUMBER,DO A COST BENEFIT ANALYSIS COMPARING THE VALUE OF THE LUMBER VS. GETTING SUED FOR THEFT..LEGALLY,YOU CAN WIN IF.YOU APPEALED YOUR CASE AT MANALO KAYO SA LANDLORD..HANGGANG SUPREME COURT NMN YN EH..MAY PAGASA PA..THATS THE BEST YOU CAN DO NOW

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  • 2 weeks later...

Does a lease contract have to be notarized? I was told even if the lease contract was not notarized, it is still a valid document that can stand in court.

Nope. It can stand in court even if unnotarized, But it is easier to prove the authenticity and due existence of a notarized document in court

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  • 1 month later...

Ask lang boss pde bang masama sa land title ang name ng asawa? Ito kasi ang nangyri nabili ung lote nung mag-asawa sila ung guy is nsa ibang bansa then ung wife is sa pinas then ngp-annulled sila ng marriage habol ng guy is yung parte niya sa lote since the very beginning hndi ngwork si babae.

1. pde bang masama sa land title ang name ng asawa? Pwede

 

2. habol ng guy is yung parte niya sa lote since the very beginning hndi ngwork si babae.

 

May parte si guy sa lote, i'd say 50%

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