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Land bidding

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1 Land bidding on Sun Jan 06, 2013 5:28 am

apple_m


Arresto Menor
Good day. We need help on the matter. We appreciate any help on the problem.

My mother bought a house and lot from a charismatic group way back 1980s. We have land title plus the a copy of deed transfer.
We had the house rented for years. Apparently, few months ago, the one renting the place messaged us telling there's someone surveying the place and is asking for the owner. My sister called the charismatic group and asked why there was a survey of our land. We learned that our place was placed under bidding and a person bid our land for 5k. My sister was given a suggestion to talk to the bidder and asks that we settle it. I find it odd that we're sort of the at the mercy of the bidder. If my parent's name didn't exist in the land title of Las Pinas and it's still under the name of the Charistmatic group, should we first take care of transferring the name of the land, rather than talking to the bidder? We made payments before for the taxes of the land. Who should take care of the land title transfer, us or the charismatic group? If the land title is already transferred under our name, should the bidding be null and void?

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2 Re: Land bidding on Sun Jan 06, 2013 1:58 pm

adel.villafuerte


Arresto Mayor
Public bidding of land means that the property subject thereof is covered by real estate mortgage and is already foreclosed, and the 1 year redemption period therein stated is already lapsed. Meaning, before and/or after the property was sold to the vendee by said charismatic group as owner, there was an existing loan transaction affecting the same, or it may be mortgaged after the execution of sale instrument pending registration of the sale instrument in the office of Registry of Deeds so that the said mortgage instrument was registered. Prior registration of any instrument in the office of Registry of Deeds shall prevail and is protected by law.

However, you may exercise your preemptive right to purchase the subject property being you as the present and actual possessor over the same; and you may file a civil action against the vendor to find damages if found to have been maliciously executed the said sale transaction.

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3 re: bdding of title on Sun Jan 06, 2013 3:29 pm

apple_m


Arresto Menor
Thank you for the information.
But what if the charismatic group claims there was no mortages on the property prior to the sale? What could be the possible scenario wherein in the Registry of Deeds can put our property under bidding? It is the only reason why there would only be a bidding done?
Thank you.

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4 Re: Land bidding on Tue Jan 08, 2013 11:20 pm

adel.villafuerte


Arresto Mayor
It is not the duty of the Registry of Deeds to conduct public auction or bidding, but to register all types of conveyances pursuant to PD 1529 otherwise known as the Property Registration Decree. The greatest possibility is that the property sold to charismatic is portions only of a bigger lot and not yet segregated by way of subd. survey, and the sale document of said portion of land fails to register in the office of Registry of Deeds until such time the original owner thereof mortgaged the whole property affecting the unregistered sold portion.

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5 Re: Land bidding Today at 1:59 am

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