The Legal Side of Real Estate

[Roubaix]

On 5/13/2022 at 7:31 AM, barneyxharvey said:

Good morning. I was hoping to get free legal advice here. Our company deals with the transfer of real properties. One of our clients is a bank. What happened here is they had a former employee who embezzled a substantial amount of money. This employee is now hiding and cannot be found. The bank filed a sum of money case against the former employee. Luckily there are properties under the name of the said employee. There's already a notice of levy on attachment on the former employee's properties. This notice was annotated on the titles. The properties were awarded to the bank as the highest bidder on the auction date. The one-year redemption period has already lapsed, and thus our services were tapped by the bank. My question here is, do we need to reconstitute the title? Or can we proceed with the registry of deeds for the transfer of title even if we do not have the owner's duplicate copy? 

 

Thank you in advance and stay safe!

Proceed with the transfer. Show the court order on the finality of the redemption period.

[trggerman]

Help namam compute... 

Property has 2 owners on title
Man1 married to wife1. They have 1 son - sonA1
Man2 married to wife2. They have 3 sons - sonB1, sonB2, sonB3

Wife1 and man2 died leaving 5mm property.

How much will man1, wife2, sonA1, sonB1, sonB2, sonB3 get? 

[marauderviking]

I bought a house na pasalo sa Pag-ibig.  Is deed of sale enough to ascertain wala ng claim ang previous owner?

[2ae]

Question? Ano po Ang bisa Ng tax Dec na document? Ito po ba ngangunguhulugan sila na ang may ari Ng lupa? Kami Kasi Ang nagtratrabaho sa lupa for many years already. Kami Rin po nagbabayad Ng real property tax nitong lupang sinasaka namin. Wala po kami hinahawakan na doc. 

[lymer]

question po kelan ba dapat magcommence by law ang paniningil ng HOA of newly develop and starting pa lang ang HOA sa isang subdivision? dapat ba during nagpagpirma mo sa contract to sell khit wala pa existing at wala pang incorporated na HoA or kapag nakapagregister na and na incorporate na yung HOA??

[Pen15]

On 6/6/2022 at 3:58 AM, 2ae said:

Question? Ano po Ang bisa Ng tax Dec na document? Ito po ba ngangunguhulugan sila na ang may ari Ng lupa? Kami Kasi Ang nagtratrabaho sa lupa for many years already. Kami Rin po nagbabayad Ng real property tax nitong lupang sinasaka namin. Wala po kami hinahawakan na doc. 

Tax Dec only means you are a good citizen paying your taxes but it does'nt mean you legally own the property. Pero kung ang hawak mo ay TCT under your name and issued by the Registry of Deeds then by all means you are the owner. Mahabang proseso po ang ipatitle ang lupa na tax dec lang ang hawak pero wag po mag worry possible naman.

[jamesbalingit]

On 6/6/2022 at 2:58 PM, 2ae said:

Question? Ano po Ang bisa Ng tax Dec na document? Ito po ba ngangunguhulugan sila na ang may ari Ng lupa? Kami Kasi Ang nagtratrabaho sa lupa for many years already. Kami Rin po nagbabayad Ng real property tax nitong lupang sinasaka namin. Wala po kami hinahawakan na doc. 

kung walang titolo yan. pwede kahit sino magbayad ng tax dec

kung walang sumawsaw ,okay.. kung meron .yari ka. at sa korte ka dederecho

[Dealdealers]

How to authenticate property docs?

[jcob]

On 9/29/2022 at 9:25 AM, Dealdealers said:

How to authenticate property docs?

Get certified true copies from agency who issued the paper. I.e. for TCT, you can get it with your local RD or with the central kiosk at LRA compound QC. 

[keenpee]

hello po i need legal advice.

we have this property consisting of two lots, that is under an RTC case for accion reivindicatoria. the defendants are tenants of the other adjacent lot which is not ours. they have been possessing our lots since they know that we did not use it for a long time. the defendants do not have any documents that gives them any legal right on our lots.

the case is submitted for decision already this april.

currently we have a prospective buyer asking about one of the lots.

my questions are:

1) can we sell one of the lots or both even if the lots are under a case? even now that is for decision already?

2) if we do sell it, and the defendants get to know it and reports it to the rtc will it affect the decision?

3) if sold, the new owners will be the ones continuing the case or negotiating with the defendants. will this be ok of will affect the case, will the judge rule in favor of the defendants or will not agree to the sale?

 

thank you.

 

[Mar16]

2 hours ago, keenpee said:

hello po i need legal advice.

we have this property consisting of two lots, that is under an RTC case for accion reivindicatoria. the defendants are tenants of the other adjacent lot which is not ours. they have been possessing our lots since they know that we did not use it for a long time. the defendants do not have any documents that gives them any legal right on our lots.

the case is submitted for decision already this april.

currently we have a prospective buyer asking about one of the lots.

my questions are:

1) can we sell one of the lots or both even if the lots are under a case? even now that is for decision already?

2) if we do sell it, and the defendants get to know it and reports it to the rtc will it affect the decision?

3) if sold, the new owners will be the ones continuing the case or negotiating with the defendants. will this be ok of will affect the case, will the judge rule in favor of the defendants or will not agree to the sale?

 

thank you.

 

You can continue with the sale po. Pero yung right ng buyer as new owner will be affected by the fact na may pending case na subject yung lots in question. Lalo na if naka annotate po yung claim ng kalaban nyo sa titulo nyo o may visual signs na andun sila sa property nyo. Kasi kapag natalo kayo sa kaso, wala silang karapatan sa lupa at syempre mapipilitan din kayo na ibalik yung pera na ibinayad sa inyo.

Wala naman po effect sa case nyo yung bentahan. Kaso yun nga maaaring may effect yung kaso dun sa karapatan nung bumili as new owner of the property. Yan po kasi yung sinasabi nilang Caveat Emptor o "buyer beware".

[keenpee]

5 hours ago, Mar16 said:

You can continue with the sale po. Pero yung right ng buyer as new owner will be affected by the fact na may pending case na subject yung lots in question. Lalo na if naka annotate po yung claim ng kalaban nyo sa titulo nyo o may visual signs na andun sila sa property nyo. Kasi kapag natalo kayo sa kaso, wala silang karapatan sa lupa at syempre mapipilitan din kayo na ibalik yung pera na ibinayad sa inyo.

Wala naman po effect sa case nyo yung bentahan. Kaso yun nga maaaring may effect yung kaso dun sa karapatan nung bumili as new owner of the property. Yan po kasi yung sinasabi nilang Caveat Emptor o "buyer beware".

Ok tyvm sa advise, the tenants was only pursuing possession. They did not claim ownership. Si rtc lang nagsabi na accion reivindicatoria. Does this mean we lose our ownership kapag natalo kami? Kahit kami ung may title? Sila wala ni isang document for the legal right to possess or own.

[Mar16]

9 hours ago, keenpee said:

Ok tyvm sa advise, the tenants was only pursuing possession. They did not claim ownership. Si rtc lang nagsabi na accion reivindicatoria. Does this mean we lose our ownership kapag natalo kami? Kahit kami ung may title? Sila wala ni isang document for the legal right to possess or own.

Kung recovery of ownership pati na rin po kasi possession are both considered accion reivindicatoria. If the other party is not claiming ownership, yung right to use or possession lang po ang mapupunta sa kanila. Syempre, para magkaroon po sila ng right to possession or use, dapat may basehan. Hindi po magre-resulta ang pagkatalo nyo sa kaso sa pagkawala po ng ownership nyo sa property kasi sabi nyo nga, di naman nila claim ang property and it means na di naman nila siguro kinukwestiyon ang pagmamayari nyo sa lupa.

[Pogitoako]

Seeking free legal advise here.   Bought a condo property in QC back in 2019.  The original turnover date was supposed to be end of 2022.  Now they have moved the turnover date to end of 2024 with HLURB approval.  What rights do I have as a buyer? I am looking for some sort of compensation as my current plans have been affected. 

[Mar16]

5 hours ago, Pogitoako said:

Seeking free legal advise here.   Bought a condo property in QC back in 2019.  The original turnover date was supposed to be end of 2022.  Now they have moved the turnover date to end of 2024 with HLURB approval.  What rights do I have as a buyer? I am looking for some sort of compensation as my current plans have been affected. 

Check your Contract to Sell if there are provisions on penalties in case of breach. Yun po ang mangingibabaw na rule sa transaction nyo. If ever the breach of contract was committed without any valid or legal reason, the one committing the breach of contract may be held liable for damages.

Supposing you suffered damages because of the breach, then pwede po kayo mag file ng civil case for damages against the developer. Yun nga lang, if the claim is for actual damages lang, there should be actual damages incurred.