The Legal Side of Real Estate

[MykG2G]

This isnt free. joke

got another question sir Roco,

if for the summons di natanggap ng isang defendant ung summons kasi he/she is living in the US. but for some reason ung spouse nya na kasali sa defendants group natanggap considered different party pa ba sya?

sa title kasi ng defendants di nailagay na spouses but sa mga ibang legal documents nakalagay naman na "Married to".

parang ayaw ni Judge na iconsider na spouses. pinapapublish pa sa amin ung summons.

which publication are accredited and mga how much aabutin?

 

denied kasi ung motion for issuance of alias summons.

[jc44 - RETIRED]

Hi gekdeen, it seems like you are presently litigating and that you have a lawyer representing you. Unfortunately it goes against legal ethics for lawyers to give legal advice to someone who has already retained counsel. For these things, it is best to talk to your current lawyer about any apprehensions or misgivings you have about the way s/he is handling your case.

[Berdeng_Anino]

question lang mga Sir,

 

mid 2017 lang nailipat sa name ko yung titulo ng bahay namin, 2018 nung nagbayad ng real estate tax, ginaya nung treasury yung previous O.R. na naka pangalan pa sa dating may ari. Magkakaproblema po ba ito in the long run? Anu ano po bang requirements para pag bayad this year maipangalan na samin? (previous owner is my mom)

 

 

Thank you in advance

[rocco69]

question lang mga Sir,

 

mid 2017 lang nailipat sa name ko yung titulo ng bahay namin, 2018 nung nagbayad ng real estate tax, ginaya nung treasury yung previous O.R. na naka pangalan pa sa dating may ari. Magkakaproblema po ba ito in the long run? Anu ano po bang requirements para pag bayad this year maipangalan na samin? (previous owner is my mom)

 

 

Thank you in advance

sa pagkakaalam ko, affidavit kung saan isasaad mo na ikaw na ang may-ari (plus paano napunta sa iyo ang property). But the best thing to do is to go to the City/Municipal Assessor's Office and ask what are their requirements for transfer of name of the tax declaration.

[Berdeng_Anino]

Thank you Sir,

 

will schedule kung kailan ako makakapunta.

 

 

sa pagkakaalam ko, affidavit kung saan isasaad mo na ikaw na ang may-ari (plus paano napunta sa iyo ang property). But the best thing to do is to go to the City/Municipal Assessor's Office and ask what are their requirements for transfer of name of the tax declaration.

[Marty111]

Question. In notarizing documents such as lease agreements, is it required to notarize it in the same city as the property? Because for other documents doesnt matter naman diba? Like affidavit of support or loss

[rocco69]

Question. In notarizing documents such as lease agreements, is it required to notarize it in the same city as the property? Because for other documents doesnt matter naman diba? Like affidavit of support or loss

Not really. The important thing is the parties appeared before the notary public in the place where he has authority to perform notarial acts. What is improper is for a notary public to notarize documents outside of his jurisdiction, i.e. notarizing a document in Quezon City, when he is commissioned in Pampanga. But if the lease agreement is for property in Quezon City, and the parties appear before him in Pampanga, that is OK.

Edited January 16, 2019 by rocco69

[bangkok]

Question:

 

The Dept of Transportation and Communication sent a letter to us asking us to donate our property to the state, because our property will be part of the road widening they needed for the construction of MRT 7. Can somebody enlighten me regarding this situation? Thanks

[rocco69]

Question:

 

The Dept of Transportation and Communication sent a letter to us asking us to donate our property to the state, because our property will be part of the road widening they needed for the construction of MRT 7. Can somebody enlighten me regarding this situation? Thanks

Its up to you whether you want to donate. If not, that should force them to BUY the property, through the power of eminent domain.

 

Personally, why would you donate if you can get paid for the property.

[bangkok]

Thank you 😀

[LIMMICM]

Hi, how is the process of transferring the name in the TCT from my mother to us siblings? We are 3 and all are married, the property is 110 square meters located in the City of Manila, the value of the property is about 5million pesos. please advise and how much estimate will we need. thanks.

[nursefatso]

good am! mga boss magtatanong lang po ung bahay at lupa ng lolo at lola ko bibilhin ko po nakapangalan sa lola ko anu po ba ang mga dapat gawin ko para malipat sakin ung pangalan ng titulo ng lupa and magkano ang aabutin na bayad sa tax

[rocco69]

Hi, how is the process of transferring the name in the TCT from my mother to us siblings? We are 3 and all are married, the property is 110 square meters located in the City of Manila, the value of the property is about 5million pesos. please advise and how much estimate will we need. thanks.

basically, deed of donation yan, which will be subject to donor's tax (under the TRAIN law, the tax rate is 6% of the zonal valuation or current market value, whichever is higher); plus documentary stamp tax, at transfer tax (ang transfer tax sa LGU naman). Dati, you could opt for a Deed of Sale (which was subject to a 6% capital gains tax) as the rate for donor's tax was graduated. Now, its a flat rate of 6%, so wala nang pinag-iba, whether donation whether sale, pareho 6%

 

Look up the zonal valuation of the property at the BIR website (usually, di na sila nag-iimbestiga kung ano ang market value, happy na sila sa valuation nila) to have an idea of how much the BIR thinks property costs (note that the zonal valuation is only for land, buildings and structures on the land will further jack up the value of the property).

 

After executing the Deed of Donation, you get a clearance from the BIR, then submit your documents to the Register of Deeds of the place where the property is located.

 

Around 10-15% of the value of the property would be a good estimate of the expenses you will incur.

Edited February 10, 2019 by rocco69

[rocco69]

good am! mga boss magtatanong lang po ung bahay at lupa ng lolo at lola ko bibilhin ko po nakapangalan sa lola ko anu po ba ang mga dapat gawin ko para malipat sakin ung pangalan ng titulo ng lupa and magkano ang aabutin na bayad sa tax

Kung buhay pa lolo at lola mo, Deed of Sale lang yan, tapos BIR clearance, tapos sa Register of Deeds na. Sa gastusin, maghanda ka ng mga 10-15% ng halaga ng property para sa capital gains tax, documentary stamp tax, transfer tax at iba pang gastusin.

Edited February 10, 2019 by rocco69

[LIMMICM]

basically, deed of donation yan, which will be subject to donor's tax (under the TRAIN law, the tax rate is 6% of the zonal valuation or current market value, whichever is higher); plus documentary stamp tax, at transfer tax (ang transfer tax sa LGU naman). Dati, you could opt for a Deed of Sale (which was subject to a 6% capital gains tax) as the rate for donor's tax was graduated. Now, its a flat rate of 6%, so wala nang pinag-iba, whether donation whether sale, pareho 6%

 

Look up the zonal valuation of the property at the BIR website (usually, di na sila nag-iimbestiga kung ano ang market value, happy na sila sa valuation nila) to have an idea of how much the BIR thinks property costs (note that the zonal valuation is only for land, buildings and structures on the land will further jack up the value of the property).

 

After executing the Deed of Donation, you get a clearance from the BIR, then submit your documents to the Register of Deeds of the place where the property is located.

 

Around 10-15% of the value of the property would be a good estimate of the expenses you will incur.