Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Is there any way to know who can release our property title??

View previous topic View next topic Go down  Message [Page 1 of 1]

Mc2012


Arresto Menor
Folks,

We live in our H&L since more than 35 years ago that has a title we checked at Registry of Deeds under the name of the original developer of the subdivision-- problem is we were not able to fully pay the arrears before, BUT no one has approached us to collect any amortization after my parents paid I think 1/3 of the arrears more than 30 years ago. Is there any way to know who holds our account and who should we pay to settle the arrears in order for the title to be transferred from the old original developer to our name? there was a company who claims they now have our account and that the original developer passed it on to them-- How do I know they are legit and not just trying to get money from us?

What we have now is the Agreement to Sell between the original developer (which we don't know where the location is now) and my parents.

Thanks!

View user profile

Lunkan


Reclusion Perpetua
" no one has approached us to collect any amortization after my parents paid I think 1/3 of the arrears more than 30 years ago."
Sorry to say that 1/3 is (probably) LOST.
When someone break the contract by stop paying, then the normal procedure is repossess the property and sell it, mostly at auction. Then the old owner have chance ONE year to get it back, and that seem to have passed many years ago.

"there was a company who claims they now have our account and that the original developer passed it on to them-- How do I know they are legit and not just trying to get money from us?"
"We live in our H&L since more than 35 years ago that has a title we checked at Registry of Deeds under the name of the original developer of the subdivision"
Well. IF they are corect, it's very odd they haven't asked you to pay them, leting you live there many years without paying !!!

As long as you don't plan to make much improvements or sell,
you can just GO ON living there Smile and NOT ask that company again to remind them, because then it's risk they demand MUCH money or will try to make you leave.

Have anyone demanded property tax from YOU any time back?
IF you have paid it long time that can PERHAPS add chance you can claim the property for just a small fee. Concerning LAND there are claim possibilities when it has been used many years by same family, but I don't BELIEVE that's possible concerning houses in subdivisions. Perhaps someone know IF it's possible for such too.
It's odd the title is still in the old owners name. It seem your property is just forgotten Smile

View user profile

Mc2012


Arresto Menor
Yeah, weird eh?

I'm trying to find a lawyer to help us sort this out.

View user profile

attyLLL


moderator
when you are ready to pay, you can approach the developer and be ready with the money.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Lunkan


Reclusion Perpetua
Mc2012 wrote:Yeah, weird eh?

I'm trying to find a lawyer to help us sort this out.
What's your goal?
Don't you want to live there for free? Smile

View user profile

Mc2012


Arresto Menor
attyLLL wrote:when you are ready to pay, you can approach the developer and be ready with the money.

The thing is, the developer can no longer be found-- what we found is this company (Sunrise Property Corp/DCR) who claims they have our account. How can we be sure they are legit?

View user profile

Lunkan


Reclusion Perpetua
Mc2012 wrote:
attyLLL wrote:when you are ready to pay, you can approach the developer and be ready with the money.

The thing is, the developer can no longer be found-- what we found is this company (Sunrise Property Corp/DCR) who claims they have our account. How can we be sure they are legit?
It's POSSIBLE they are legit, but haven't transfered the title to themselve. I believe that's some odd if a company do so. but perhaps they haven't done it to try to avoid some taxes and fees.

IF you want to pay much to get the property at document too - in USE you have it allready Smile - then it's up to that company to explain why the title isn't in their name and PROVE it's theirs...
(Perhaps they can prove they have bought it repossesed. But it need to be their problem to solve the titling process anyway.)

View user profile

Mc2012


Arresto Menor
Lunkan wrote:
Mc2012 wrote:
attyLLL wrote:when you are ready to pay, you can approach the developer and be ready with the money.

The thing is, the developer can no longer be found-- what we found is this company (Sunrise Property Corp/DCR) who claims they have our account. How can we be sure they are legit?
It's POSSIBLE they are legit, but haven't transfered the title to themselve. I believe that's some odd if a company do so. but perhaps they haven't done it to try to avoid some taxes and fees.

IF you want to pay much to get the property at document too - in USE you have it allready  Smile   - then it's up to that company to explain why the title isn't in their name and PROVE it's theirs...
(Perhaps they can prove they have bought it repossesed. But it need to be their problem to solve the titling process anyway.)


I want to sell it so I need the docs to be legalized.

View user profile

Lunkan


Reclusion Perpetua
Mc2012 wrote:  I want to sell it so I need the docs to be legalized.
Oh. But it isn't yours. At least in normal cases, your parents lost it some after they stoped paying.
Although this isn't a normal case   Smile  so perhaps you can make so (some of) what your parents paid  will be counted.
You can't expect you can use the old contract value, because money value have changed much since then, but it don't hurt to try   Smile
Have the company told how much they demand?



Last edited by Lunkan on Sun Aug 28, 2016 11:50 pm; edited 1 time in total

View user profile

Mc2012


Arresto Menor
Lunkan wrote:
Mc2012 wrote:  I want to sell it so I need the docs to be legalized.
Oh. But it isn't your. At least in normal cases, your parents lost it some after they stoped paying.
Although this isn't a normal case   Smile  so perhaps you can make so (some of) what your parents paid  will be counted.
You can't expect you can use the old contract value, because money value have changed much since then, but it don't hurt to try   Smile
Have the company told how much they demand?

Yes, my problem is how do I know they are legit. They are asking for around half-mil and I don't want to pay that amount UNLESS I'm sure they are legit.

View user profile

11 Mc2012 about Property on Mon Aug 29, 2016 2:27 pm

Sheerie


Arresto Menor
To know if they are legit, just ask for a copy of the documents they claim to have. If they don't have it, then don't give them any amount. If they provide it, then, you may try to verify the authenticity of such document to the proper government agency. Every transfer of ownership needs to be processed with the Registry of Deeds. Otherwise, such claims are either fraudulent or invalid.

View user profile

Lunkan


Reclusion Perpetua
Sheerie wrote:such claims are either fraudulent or invalid.
Yes. They have to solve the titling step, so you don't get problem with that.

And LOCK UP. There can be unpaid depts. (Tax, loans...) They follow the PROPERTY UNDEPENDING of who is owner, so such need to be cleared before or at same time as you pay. An alternative can be you agree to pay the selling sum MINUS the depts, and then you pay them yourself to be sure they get paid. They have to be paid for you to get the title anyway (if the Register office do their work proper).

View user profile

Mc2012


Arresto Menor
Sheerie wrote:To know if they are legit, just ask for a copy of the documents they claim to have. If they don't have it, then don't give them any amount. If they provide it, then, you may try to verify the authenticity of such document to the proper government agency. Every transfer of ownership needs to be processed with the Registry of Deeds. Otherwise, such claims are either fraudulent or invalid.

This is a great idea! Thanks!

View user profile

Lunkan


Reclusion Perpetua
Many REAL owners (=proper documents confirm it) HAVEN'T transfered the title to themselves, often to avoid = delay tax, so in many cases I call the invalid just "incompleete"
so don't count this case invalid before you see it is so by they can't show evidience, because it's POSSIBLE they just haven't transered the title.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum