My full story is quite complicated and involved so I won't bore you too much with the details (unless you need them to enable you to help with my specific problems/questions).
I have two problems that are actually related so I'll put them both here in the hope that someone can give me advice.
As a foreigner I cannot own the land my house is on which I understood and accepted from the beginning. What I and my friend, who told me she owned the land, therefore did was to lease the land to me for a minimal rent for a period of 25 years. Now the problem occurred a year later when I found out my friend didnt' actually own the land but was still paying off the loan to the property developer. Please don't tell me how stupid and trusting I was, I know I hear it constantly from my girlfriend.
The problem is that my friend is having trouble paying off the loan and the property developer just keeps adding on interest. The net result is she's paid over twice what the principal is. She pays and most of it is interest and only a tiny amount goes to the principal.
I suggested she just pay the principal in full and be done with it but the developer seems to be being unreasonable. They say that not only do they want the principal but they also want the interest she would owe for the next 5 years!!! They want her to pay interest on a loan she no longer has????
This not only sounds immoral but also illegal. Can they really just extort money like that or does the justice system protect against such activity?
The other matter is that they keep threatening that if she does not pay they will reposes the land. If they were to do that what would happen to me and my house? I own the house 100% so I would think that I am entitled to some consideration and protection but obviously I don't know for sure.
If any qualified person can offer me advice I would be very grateful.
PS: I just came across this and wonder if it's relevant to my situation.
Section 6 of RA 6552 states:
“SECTION 6. The buyer shall have the right to pay in advance any installments or the full unpaid balance of the purchase price any time without interest and to have such full payment of the purchase price annotated in the certificate of title covering the property.”
Specifically "The buyer shall have the right to pay...the full unpaid balance of the purchase price any time without interest"