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deed of assignment or deed of donation?

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1 deed of assignment or deed of donation? on Wed Oct 23, 2013 6:23 pm

lousean


Arresto Menor
Good afternoon po. My husband and I bought a condo unit from a bank. We finished paying. We had problems in the condo and have not lived there. In turn, we were able to sell it another buyer. Now we need to do title transfers.

We requested the bank if they can execute the deed of absolute sale in favor of our buyer. Bank refused and executed deed of absolute sale in our favor.

Now, to avoid double transfer, we wonder if we can execute deed of assignment to assign/buyer. We understand we will pay another capital gains, another doc stamp, another transfer tax, but maybe we can the title transfer.

Is it possible to just transfer the title directly to his name in the register of deeds having all the deed of absolute sale, assignment, double taxes, etc? Is it deed of assignment or deed of donation?

Thank you very much.

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2 Re: deed of assignment or deed of donation? on Fri Oct 25, 2013 6:09 pm

attyLLL


moderator
it can be a deed of assignment/sale, but there really will be two sets of taxes for each transaction.


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3 Re: deed of assignment or deed of donation? on Sun Nov 03, 2013 10:55 pm

taxconsultantdavao


Reclusion Perpetua
ang tanong mo siguro mam is deed of assignment or deed of sale ???(kasi bakit napunta ang deed of donation sa tanong mo when according to your facts, the property was sold to another buyer ).

comment ko lang po ito.


We requested the bank if they can execute the deed of absolute sale in favor of our buyer. Bank refused and executed deed of absolute sale in our favor.   NATURAL IYAN MAM. AYAW NG BANK NG SIMULATED TRANSACTION. HINDI SILA NAKIPAG DEAL SA BUYER MO, KUNDI SA IYO. BAKIT SILA MAG ISSUE NG DEED OF SALE TO YOUR BUYER, WHEN in reality and in truth, sa iyo man nabenta iyan in installment. ayaw nila ng criminal case mam.  KAYA dahil nabayaran niyo naman in full ang property, deed of absolute sale ang inissue nila from them to you and your husband.


Now, to avoid double transfer, we wonder if we can execute deed of assignment to assign/buyer. We understand we will pay another capital gains, another doc stamp, another transfer tax, but maybe we can the title transfer.             DI KO GETS ANO GUSTO MO ITANONG DITO. SIGURO ANG GUSTO MO I ASK IS GANITO.
                     A. GUSTO MO BA NA INSTEAD OF    REQUIRING THE ROD
                               1ST - TO ISSUE A TITLE FROM THE BANK TO YOU AND YOUR HUSBAND (AFTER PAYMENT OF ALL TAXES AND OTHER FEES) FOR THE 1ST DEED OF SALE (FROM BANK TO YOU)
                               2ND- TAPOS ICANCEL NA NAMAN NG ROD ANG TITLE NA NAKAPANGALAN SA INYO , PARA MAKAISSUE NA NAMAN SILA NG BAGO FROM YOU AND YOUR HUSBAND TO YOUR NEW BUYER,

         GUSTO NIYO YATA NA WAG NA LANG dalawa ang title i issue ng ROD then macancel ang isa.. GUSTO NIYO YATA, ISAHIN NA LANG ANG TITLE I ISSUE NG ROD, DIRECT NA TO THE BUYER NIYO. ( assuming you paid two taxes for the two separate transactions).

         parang ito yata ang gusto niyo na isahin na lang para mapadali.

         ang sagot ko diyan is: iyan talaga ang gagawin ng ROD. PAG ISSUE NG TITLE, SA BUYER NA. KASI IMPRACTICAL NA MAG ISSUE PA SILA SA IYO AS FIRST BUYER WHEN I CANCEL NAMAN NILA AGAD IYONG TITLE NIYO , PARA MAG ISSUE NA NAMAN NG 2ND TITLE TO YOUR BUYER. BAKIT PA SILA MAG ISSUE SA 1ST TITLE WHEN I CANCEL LANG PALA.

basta mapresent mo lang ang two deed of sale at ang two taxes (cgt , dst, rpt clearances, transfer taxes for the two transactions, two registration fees ng ROD, two IT fees, etc) sa two transactions, DIRECSO NA ANG TITLE TO YOUR BUYER.
 

Is it possible to just transfer the title directly to his name in the register of deeds having all the deed of absolute sale, assignment, double taxes, etc? Is it deed of assignment or deed of donation?

deed of sale ho gamitin niyan.  walang deed of assignment o deed of donation diyan. deed of assignment iyan pag ikaw ang original buyer tapos di mo na mabayaran.at me outstanding utang ka pa sa bank tapos gusto mo ipa assume sa ibang tao, ang tawag diyan hindi deed of sale kundi deed of assignment kasi di ka pa absolute owner ng property niyan. inchoate right pa lang. ang na assign mo is rights pa lang, and not the full ownership kasi me utang ka pa.

hindi rin donation iyan. kasi there is money involved  at hindi dahil sa love and affection.

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