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Tax declaration cancelled

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1 Tax declaration cancelled on Wed Dec 09, 2015 1:55 pm

michael113977


Arresto Menor
Hi everyone!

Need po namin ng tulong regarding sa lupa na isinanla ng father ko last 2008 tax dec lang po un katibayan peru wala pa pong titulo. Nabayaran naman po nmin un tubo since 2010 kaso ang naging problema po is nagsara un bank na pinagsanlaan namin and hindi na po namin nakausap un representative nun bank. Peru from the start is nanay ko na po ang nagbabayad ng amilyar ng lupa hanggang ngyn. Then nun kumuha po ng tax dec ang mother ko po ngyn from yhe city hall ang nakalagay po dun is cancelled na po. So iniisip po namin na baka naibenta ng banko un lupa without notifying us. Merun pa po ba kaming habol? At panu po ba ang mga procedures? Salamat po ng marami

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2 Re: Tax declaration cancelled on Wed Dec 09, 2015 4:16 pm

Lunkan


Reclusion Perpetua
(My Tagalog is bad, so I understand only some of what you say.)
Perhaps you have some use oif this:
It's odd they didn't want your tax money. Don't they tell why?

Within one YEAR from a Foreclosed property is SOLD by the bank, the old owner (your family) have right to buy it back for a STATIC price, which can be much different from what it was sold for. (The static price is decided by the officials who control such processes. I believe this is NOT related to the value of the property, instead relation to how much you have unpaid at the loan plus some fees.)

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3 Re: Tax declaration cancelled on Wed Dec 09, 2015 5:52 pm

michael113977


Arresto Menor
Hi thanks for the reply and advise. The assessor from the city hall told us that we should contact PDIC to ask about what happened with the property. (If it was shouldered by them or if they sold it. After the previous bank were my father pawned it) the odd thing is that after it was pawned,we were still the one's who were paying the tax for the property then when my mother asked for a tax declaration from the city hall it was stamped as cancelled.

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4 Re: Tax declaration cancelled on Wed Dec 09, 2015 5:57 pm

michael113977


Arresto Menor
The reason why my mother was asking for a tax declaration because we are in the process of having the land get titled. So when we saw that the tax declaration was cancelled we were kinda thinking that it was sold by the previous bank were it was pawned or was it forfeited? The problem is why didnt the bank notify us regarding such actions? What should we do to get it back? Your reply is very much appreciated thanks

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5 Re: Tax declaration cancelled on Wed Dec 09, 2015 11:45 pm

Lunkan


Reclusion Perpetua
When PAWNED you are still owner, so it isn't odd you paid tax,
but odd they say it's cancelled. I thought they want as much tax as possible Laughing
(There are properties where MORE than one pay tax for SAME property. =Owner plus scammer who plan to use the tax documents to make a scam sale. That's a reason I find it extra odd the city don't want you to pay tax.)

The bank aren't allowed to sell it ONLY because it's pawned,
there have to be FAILED payments which make they can FORECLOSE the property if they want to, but I suppouse they have to try to notify you.

From what you write it isn't clear yet who stand as the owner now.
What do the Assessor at the City Hall say about WHO pay the tax now?
When you are at the city hall, you can ask if the city change the plan for your part of the city. (Just an idea, if the plan is changing, that can perhaps be a reason they don't demand tax.)
And what do PDIC/bank say?

Do you USE the property still, or do any other use it?

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6 Re: Tax declaration cancelled on Thu Dec 10, 2015 12:22 am

michael113977


Arresto Menor
Hi thanks for the reply.
The last payment that my mother made with the bank for the interest was back in 2010 then on 2011 the bank were the property was pawned, close.. after or before it was closed we havent heard from any of the representatives of the bank. By the way when we pawned the property, it doesnt have any title yet so my father only used the tax declaration as proof that we owned the property.. going back, my mother wanted to continue with paying for the interest and also to get the property back. So we called PDIC but the problem is they don't have any idea about the our property being in their possesion. So my mother went to the city hall to ask for a tax declaration and the assessor said that its cancelled and better call PDIC. But we told them that we already called PDIC and they dont have any info about our property.though my mother was still paying for the property tax. And the latest was just last year. My father is the owner of the property which was inherited from my grandmother. But my father is already deceased so my mother inherited it from my father..

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7 Re: Tax declaration cancelled on Thu Dec 10, 2015 12:46 am

betchay001


Prision Mayor
Let's see if I got this correctly.

You are not currently living on that piece of property, correct?
You have no proof of ownership, just a cancelled tax declaration.
Real property taxes are paid.
There is no title.

My suggestion is for you to befriend someone at the Assessor's Office and find out why the tax dec was cancelled. A tax declaration usually gets cancelled when there is a new owner (new title). To transfer a tax declaration, the new owner presents his new title and makes a request to the Municipal Assessor, showing a cancelled title, new title, old tax dec and payment of real property tax.

There must have been a title for this to happen.

Try to find out at the Municipal level first.


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8 Re: Tax declaration cancelled on Thu Dec 10, 2015 12:50 am

michael113977


Arresto Menor
Yup we are not living in that property. Thanks for the advise sir we will try to follow up with the assessor. Once again thanks for the help sir.=)

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9 Re: Tax declaration cancelled on Thu Dec 10, 2015 3:29 am

Lunkan


Reclusion Perpetua
"2011 the bank were the property was pawned, close."
I suppouse that mean Foreclosed, because the loan was closed, so they took the collateral = The property.

"There must have been a title for this to happen."
Yes, that's odd. Properties are suppoused to have TITLE to be used as collateral (But perhaps it was different back when the loan was got, I don't know.)

"A tax declaration usually gets cancelled when there is a new owner (new title). "
This can be your chance if your family can afford it.
Check if the bank sold it within a year from now, If so your family as old ownrer have right to BUY IT BACK for the price the control office decide.

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10 Re: Tax declaration cancelled on Thu Dec 10, 2015 9:42 pm

michael113977


Arresto Menor
hi everyone,

My mother just sent me the copy from the assessor's office of the documents, it shows on the front page that the owner is still my father and mother and that she actually paid a sum of 4,700 yesterday for the tax (sorry i am not in silang cavite so I only rely on text and call from my mom) but on the back it showed on the 1st portion that it is stamped "cancelled" coffee farm 1,700 sq meters, market value 12,000 pesos. what does this mean that we still owned the land?

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11 Re: Tax declaration cancelled on Thu Dec 10, 2015 9:43 pm

michael113977


Arresto Menor
I would really love to send the documents to whoever is willing to take a look at it ( if its not too much to ask =) )

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12 Re: Tax declaration cancelled on Thu Dec 10, 2015 10:51 pm

michael113977


Arresto Menor
Hi Everyone,

I have attached here the copy of the documents from the assessor. please kindly check it on your most convenient time. thanks

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13 Re: Tax declaration cancelled on Fri Dec 11, 2015 7:06 am

Lunkan


Reclusion Perpetua
michael113977 wrote:My mother just sent me the copy from the assessor's office of the documents, it shows on the front page that the owner is still my father and mother and that she actually paid a sum of 4,700 yesterday for the tax (sorry i am not in silang cavite so I only rely on text and call from my mom)   but on the back it showed on the 1st portion that it is stamped "cancelled" coffee farm 1,700 sq meters, market value 12,000 pesos. what does this mean that we still owned the land?
Oh the tax isn't canceled?
Is it inside/close to city/town/village?  
A guess - Perhaps "cancelled coffee farm" mean the city hall have CHANGED the PLAN for the land, what the city want to have there.

If so you better hurry try to get it titled Smile in your mother's or your name.

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14 Re: Tax declaration cancelled on Fri Dec 11, 2015 8:32 am

michael113977


Arresto Menor
Hi Lunkan,

I guess it isn't cancelled since my mother paid for the tax of 4,700 pesos. yup the coffee farm is near town. my wife and I are also guessing hahaha. because it say's on the documents that my father is still the owner, I attached the documents here, I'm just not sure if you were able to see it =)

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15 Re: Tax declaration cancelled on Fri Dec 11, 2015 8:53 am

betchay001


Prision Mayor
Hello, I can't see the docs (I'm on my phone). Let's see. Let me know what the classification is, the area, market value, actual use, assessment level and assessed value pls. Also where does it say "Cancelled"? Is it a big stamp across the front page? The 4.7K paid, was that until 2015 or did your mother pay until 2016? That possibly included penalties and surcharges. Thank you. You may send me a pm (for privacy reasons). Will try to access my inbox.

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16 Re: Tax declaration cancelled on Fri Dec 11, 2015 9:12 am

michael113977


Arresto Menor
Hi Mr. Menor,

Good Morning!  for some unknown reason I can't load the pictures i thought i already loaded it yesterday, sorry....  

Classification: Agricultural (coffee)
Market Value: 27,928.00
Total assessed value: 11,170.00
Actual use: AA
The tax is for 2016 which is 4,700
The stamped which it was placed is on the 1st page of the declaration of real property which was on the agricultural panel , it says; ASSESSORS FINDINGS

KIND: COFFEE      AREA:.1615     CLASS:1     UNIT VALUE:80,000.00   MARKET VALUE:12,920.00

AND UNDERNEATH THIS IS THE STAMPED CANCELLED.

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17 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:07 pm

Lunkan


Reclusion Perpetua
I can't see document in my lapyop either.

I forgot one thing in my earlier post:
A 1700 sqm farm far away from town and such isn't worth much,
BUT when the town has grown close to the farm then it can become worth much more (for instance for subdivision residental).
So you better hurry checking the PAWN (=collateral) situation for the old loan, so the bank don't let your mother go on paying the property tax, but TAKE (=Foreclose) the land when they notice it has become more worth.
OR take a risk not checking and not paying the loan, and HOPE the bank has forgot the old loan Smile
(I don't know how it is in Phils, but in my home country depts has to be reminded of, otherwice they turn counted as nothing after 10 years ="expiration time". Anyone knowiing how that is in the Philippines?

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18 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:17 pm

michael113977


Arresto Menor
Hi everyone.
Actually she just paid the tax yesterday for 4,700 pesos.. and the neighbooring lang were our farm is situated is being develope as a subdivision.. it was actually 1hectare but iy was divided to my fathers siblings and the subdivision was actually trying to buy our land..

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19 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:22 pm

michael113977


Arresto Menor
That was also what we were all thinking that the bank already has forgoten about the loan. Since when my father pawned it in 2008 we were able to pay for the interest until 2010 then the bank suddenly filed for bankruptcy in 2011 and the no representatives of that bank came to our house before the closed.. so we thought that it was handed over to PDIC but when we called PDIC they dont have any information about our land in their possesion..

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20 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:28 pm

Lunkan


Reclusion Perpetua
michael113977 wrote:Actually she just paid the tax yesterday for 4,700 pesos.. and the neighbooring lang were our farm is situated is being develope as a subdivision.. it was actually 1hectare but iy was divided to my fathers siblings and the subdivision was actually trying to buy our land..
Oh then it can be worth 10 or even more times more than as farmland.
Why don't your mother sell it if your family don't use it?
If the selling is approved, then you will perhaps get away from the complicated situation with the old pawn Smile If she want land, she can buy an other for the selling money, and get a land with secure legal history. And if she buy it more rural, she can get much more land for same amount of money.

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21 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:33 pm

michael113977


Arresto Menor
Before it was just 1000 pesos per square meters now the subdivision was willing to pay us 7000 per sq?. But we also decided to just stay there. For sentimental reason hahaha... i really dont know what that cancelled stamp is? Any ideas?

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22 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:35 pm

michael113977


Arresto Menor
Is it stamped cancelled because our coffee farm isnt there anymore or is it because we also have to pay tax for the land and also for the coffre?

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23 Re: Tax declaration cancelled on Fri Dec 11, 2015 5:54 pm

Lunkan


Reclusion Perpetua
michael113977 wrote:Is it stamped cancelled because our coffee farm isnt there anymore or is it because we also have to pay tax for the land and also for the coffre?
I guess it depend of the town plan has CHANGED the classification from "coffee farm" (=Agricultural) to Residental.

"7000 per sq?. But we also decided to just stay there. For sentimental reason hahaha... "
Yes. sentimental can ge a GOOD reason,
BUT the neighbourhood will be much changed so the sentimental part will be much destroyed Crying or Very sad
Depending of where, but in many places you can get more than 300 000 sqm for than money... Smile

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24 Re: Tax declaration cancelled on Fri Dec 11, 2015 6:13 pm

michael113977


Arresto Menor
Ok i see... so the land, do you think its still ours?

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25 Re: Tax declaration cancelled on Fri Dec 11, 2015 6:25 pm

Lunkan


Reclusion Perpetua
michael113977 wrote:Ok i see... so the land, do you think its still ours?
Well. Your father still stand as owner.
I GUESS the bank have forgot the loan Smile because otherwice it's odd. (It's a time limit for how long time a bank are allowed to keep a Foreclosed property. If I remember corect it's max 5 years.)
IF you REMIND the bank, the accumulated interest will be very high probably even if the loan was small from start...

An alternative can be just try to sell it and see if the bank protest Smile

Is it over 5 years since last letter from the bank yet?
If not yet, but SOON, you can WAIT until 5 years have passed, because then haven't the bank sold it in time according to the law if it was Folreclosed (If 5 years was remembered corect.)

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26 Re: Tax declaration cancelled Today at 7:33 pm

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