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Title of my property (house&lot) has been transferred to buyers name but..

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janice contreras


Arresto Menor
My spouse and I sold our house & lot to a buyer who will purchase it through pag-ibig. The buyer still has a balance since the whole amount of the contract price was not approved by pag-ibig fund. She signed a Promissory Note that balance will be settled through staggered payment and I have Post Dated Checks for it. I had it duly notarized by a lawyer. Since they will be purchasing it through Pag-ibig, the title has to be transferred to their name first.

Problem: The title was already released by the Registry of Deeds, with the buyer as the new owner of the property and it is already in the possession of PAG-ibig. However, the buyer informed us that there will be a delay in the payment of the balance, as agreed in the promissory note due to financial problems.

Question: (1) do i still have a right to my property considering that the buyer is not yet fully paid? (2)what legal steps can i take to oblige the buyer to comply with the promissory note and pdc's she issued? (3) Is the notarized promissory note and PDC's still significant? As commonly said, nobody goes to jail for debt.. (4) what conditions can I impose incase they will not be able to pay me the balance?

Thank you!

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jekz


Prision Mayor
Put all transaction in writing.

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eliza1


Arresto Menor
I have the same problem... only, I haven't signed the deed of sale yet. but I will, very soon. can somebody pls help! what will I do to secure my interest?

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jekz


Prision Mayor
Don't ever pay w/o signing the DOS / DOAS

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eliza1


Arresto Menor
Ma'am Janice and I is the seller here and not the buyer.

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benvastic77


Arresto Menor
I would like to ask for advice regarding my mother's lot of which was given to her through judicial partition by my grand father who passed a long time ago. The name of my mom on the document is the administrator while his father is still the owner. My mom decided to sell the property when a buyer came. A cousin of mine acted as the agent. She was given the notarized SPA for the processing of necessary documents for the selling and transferring of the said property. When both seller and buyer agreed with the amount. the buyer paid 67% of the total amount through bank transfer which my mom received under her account. The rest of the balance however did not make it to my mom's account when my other cousin's started meddling with the processing of the said lot. I asked for the certified copies of the documents that was suppose to process the selling and transferring of ownership, but there was not even one receipt. only an explanation and a two piece yellow paper with the list of breakdown of the money they took from the final payment. Not one cent was returned to us. After a few months we received a complaint letter filed by the buyer regarding the validation of the selling since the agent failed to produce an updated surveyor's map of the lot after the agent pulled the cylindrical markers of the lot favoring my meddling cousin's lot. My mom was implicated in the complaint under swindling along with the agent. What steps do we need to take to clear my mother's name from this issue? i believe the selling was not valid due to the irregularities made by the agent for not complying to the requirements in providing the necessary documents. And that the malicious moving of cylindrical markers in favor of my other cousin's lot is not to our advantage since we are a thousand miles(so to speak) from the property which is in Leyte while my mom and i resides here in manila, The very reason why we executed the notarized SPA to the agent detailing even the processing of the transferring of ownership from my grand father to my mom and finally to the buyer after paying the balance. What legal action should we take? and why is it only after they paid in full they started checking the validity of the document(judicial Partition,surveyor's map)when they have the time on their hands in checking them before they agreed and purchased the lot? I believe we need to sue the agent.The agent by the way was an ex barangay captain of the town which makes her more adept to the issues sorrounding the selling...but i need your legal advice first before i make a move, especially now that we are not capable of paying a lawyer due to some circumstances we have now. Can PAO be of help to us? Please help us. Thank you po.

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foobarph


Prision Mayor
PAO only help those indigent or cannot afford. If you belong to them, better go to their office and ask for their legal assistance. Good luck po benvastic

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