The Legal Side of Real Estate

[rocco69]

Hi. Ano po mangyayari kung fullpaid na ang lot with complete deed of sale except di pa naililipat sa name ko ang title tapos namatay ang owner? Makukuha ko pa ba ang title? Tia

nasaan ang owner's duplicate copy of title? YAN ANG KAILANGANG MAKUHA MO! [hinihingi ito ng Register of Deeds para mailipat sa pangalan mo ang title]. Kung wala pa sa iyo, hingin mo dun sa tagapagmana ng seller mo at fully paid ka na pala.

 

Note the worst case scenario: someone pretends to be the owner, sells the property to somebody else, GIVES THE BUYER THE DUPLICATE OWNER'S COPY. The buyer can now go to the Register of Deeds, submit his Deed of Sale [note that the Register of Deeds would not know the signature of the real owner, hence will accept the Deed of Sale at face value] together with the Duplicate Owner's Copy, AND THEN GET A NEW TITLE IN HIS NAME. THEN YOU'RE SCREWED! [if the buyer had no knowledge that the seller was not the real owner, and he transfers the property to somebody else, they get a better right to the property than you]

 

I repeat, GET YOUR HANDS ON THE DUPLICATE OWNER'S COPY ASAP!

 

In the alternative [if you can't get hold of the duplicate owner's copy, file an Adverse Claim with the Register of Deeds so that the fact that you already bought the property can be annotated/written on the title, resulting in any new buyer not getting any right better than yours.

Edited April 3, 2018 by rocco69

[Pen15]

thanks rocco69 for ur quick reply. noted po mga sinabi nyo and i will do as u say ASAP.

[satisfier69]

good day to all of our Esquire GMs. may active pa po ba dyan that I can ask about condo turnover and undocumented sale. salamat.

[hederastella]

Good day.some questions regarding agricultural land issues.medyo mahaba po to sa please bear with me.my parents bought agricultural lot abt 11has from DBP consisting of 2 titles in 1999. They were not able to tranfer it to their name because the MARO was asking for P1000/tree for compensation for the tenants. The bank issued a certification of no tenants when the property was bought.Until 2008 they were paying taxes on the property. Nung 2009 di na tinanggap kase daw nalandreform na. They havent received any notices from DAR during the acquisition.Nung 2016 we were able to obtain copies that all notices were addressed to the bank and not us.Also we are not receiving anything from tenants kase la nman kaming tenants from the time of purchase until now. My mother contested the acquisition thru verbal lang sa offices ng PARO nung 2010 ng malaman nila pero tapos na yung coverage at nacancel na title at nadistribute na.

We have submitted for revaluation sa DARAB on Dec 2018 kase ayaw na nmin magkaso kase magastos. Niretain ng DARAB valuation ng Landbank kase di kami nakasubmit ng counter valuation. Decision is finsl.We have no lawyer at di namin alam kung saan kukunin yung ibang data para sa compensation.

My question is can we still appeal the valuation?this is just in case matalo kami don sa pagcontest sa coverage.

Meron din kaming sinubmit sa DAR Secretary contesting the CARP coverage this July 2018 because we were not given a due process. Ilang days po ba ang palugit para maiappeal sa CA kung sakaling maging unfavorable ang maging decision ng DAR sa amin. Until now we dont have a lawyer.

Thanks po sa sasagot.

[RkD]

Has anyone watched "The big short"?

[Evilbrain]

 

thank me later.

[Evilbrain]

https://www.youtube.com/watch?v=anSPG0TPf84

[melloyello]

hello to all!

 

not sure kung may previous inquiries na sa question ko, ang dami ng pages para ma-review.

 

Tanong lang kung paano mapa-clear yung encumbrances na nakalagay sa title? Kung sakali, malaki ba ang magagastos dito?

 

Thanks.

[dictum]

hello to all!

 

not sure kung may previous inquiries na sa question ko, ang dami ng pages para ma-review.

 

Tanong lang kung paano mapa-clear yung encumbrances na nakalagay sa title? Kung sakali, malaki ba ang magagastos dito?

 

Thanks.

 

It depends on the encumbrances annotated on the TCT. Some liens or encumbrances or annotations could be cancelled easily, such as a real estate mortgage which could be cancelled via Release of Real estate mortgage.. For other encumbrances, you might need to go to court to have it cancelled.

[melloyello]

 

It depends on the encumbrances annotated on the TCT. Some liens or encumbrances or annotations could be cancelled easily, such as a real estate mortgage which could be cancelled via Release of Real estate mortgage.. For other encumbrances, you might need to go to court to have it cancelled.

 

Thanks for the info.

[Fear_me]

Hi gud pm tanong lang about sa title ng lupa na both live in partners ay nakapangalan sa land title.. Ang kaso ung legal wife ay nagdedemanda about dun sa title land na nakapangaln sa mistress and his husband..may laban po ba ung mistress regarding po dun sa land title na nakapangalan din sa kanya?? TIA

[rocco69]

Hi gud pm tanong lang about sa title ng lupa na both live in partners ay nakapangalan sa land title.. Ang kaso ung legal wife ay nagdedemanda about dun sa title land na nakapangaln sa mistress and his husband..may laban po ba ung mistress regarding po dun sa land title na nakapangalan din sa kanya?? TIA

Kung meron siyang contribution sa pag-acquire sa property, may share siya sa property, equal sa contribution niya.

 

Ayon sa Art. 148 ng Family Code:

 

Art. 148. In cases of cohabitation not falling under the preceding Article, only the properties acquired by both of the parties through their actual joint contribution of money, property, or industry shall be owned by them in common in proportion to their respective contributions. In the absence of proof to the contrary, their contributions and corresponding shares are presumed to be equal. The same rule and presumption shall apply to joint deposits of money and evidences of credit.

If one of the parties is validly married to another, his or her share in the co-ownership shall accrue to the absolute community or conjugal partnership existing in such valid marriage. If the party who acted in bad faith is not validly married to another, his or her shall be forfeited in the manner provided in the last paragraph of the preceding Article.

The foregoing rules on forfeiture shall likewise apply even if both parties are in both faith.

 

Mapapansin mo, kailangang patunayan ng legal wife na walang kakayahan yung mistress na maka-acquire ng lupa, dahil kung walang ebidensya, ang presumption ay EQUAL ang kanilang contribution, at magmamay-ari siya ng one-half ng property

[Fear_me]

Tenk u so much po

[MykG2G]

I agree it depends on what type of encumbrances. As to expense, also the same.

hello to all!

 

not sure kung may previous inquiries na sa question ko, ang dami ng pages para ma-review.

 

Tanong lang kung paano mapa-clear yung encumbrances na nakalagay sa title? Kung sakali, malaki ba ang magagastos dito?

 

Thanks.

[rocco69]

question lang po.

for ejectment cases, and submission ng position paper and JA, can it be done thru registered mail?

say example.

court order for the submission was received jan 15, court orders parties to submit within 10 days from date received which is jan 15, so if the position paper to the court was done thru registered mail on the 25th pued ba? or have to be personally served para sa court? ung sa other party alam ko ok lang.

for ejectment cases, and submission ng position paper and JA, can it be done thru registered mail? YES.

 

court orders parties to submit position paper and JA within 10 days from date received.

court order received jan 15

the position paper to the court was done thru registered mail on the 25th.

pued ba? YES