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Borrowed Property

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1 Borrowed Property on Fri Jan 13, 2017 11:37 am

lorenzoche17


Arresto Menor
Hi, can i ask for a legal advice if my mother should have her share to the property that my uncle did borrow it to my grand parents? Thank you

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2 Re: Borrowed Property on Fri Jan 13, 2017 8:48 pm

Lunkan


Reclusion Perpetua
Do you mean your grandparents are dead now?

Then your mother has right to her inherit share.
How many children to your grandparents? Any of them illegit?
Is there any will?

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3 Re: Borrowed Property on Sat Jan 14, 2017 11:35 am

lorenzoche17


Arresto Menor
But the problem is, the title is under the name of my uncle and his previous wife. The title was just transferred to make a housing loan. My grandmother is still alive but with alzeimers. Can my mother still get her share even if thats the case? Thank you

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4 Re: Borrowed Property on Sat Jan 14, 2017 1:19 pm

lorenzoche17


Arresto Menor
There is no will. Can we still stop the selling of the property? Thank you

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5 Re: Borrowed Property on Sat Jan 14, 2017 7:52 pm

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:But the problem is, the title is under the name of my uncle and his previous wife. The title was just transferred to make a housing loan. My grandmother is still alive but with alzeimers. Can my mother still get her share even if thats the case? Thank you
Oh. How come the title was transfered recently AND used as collateral WITHOUT any document saying most belong to grandmother and a bit belong to you mother? Or - you say "borrowed" property - are there any document saying part belong to them? Or did part of the borrowed money go to grandmother/mother ?
Has your mother agreed to that? In talk or in writing?

Corect would have been (asuming there are no more sibblings to your mother)
grandmother 4/6
mother 1/6
brother 1/6.
Half each after your grandmother die.

Even if grandmother has signed, it can be questioned by she has alzheimer.

"Can we still stop the selling of the property?"
/No chance* if your mother has agreed to let your brother use the property as collateral, IF the loan isn't paid in time, because the LENDER can take it (=repossess).
/Probably lost* if repossesessed even if your mother haven't agreed to the loan, because your mother haven't told the lender - some more chance if she didn't agree AND tell the lender SOON.
/Some biger chance to stop SELLING if there are no document saying she has agreed to title transfer.

*Although if repossessed, relatives have chance to buy it back within a year from it's sold.

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6 Re: Borrowed Property on Sat Jan 14, 2017 8:31 pm

lorenzoche17


Arresto Menor
Not recently. That was long time ago that was transferred to my uncle. When my lolo was still alive and my lola dont have yet the alzemeirs. So you mean my mother cannot have her share? There's no chance for us to stop the selling of the property? Thank you.

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7 Re: Borrowed Property on Sun Jan 15, 2017 12:19 am

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:Not recently. That was long time ago that was transferred to my uncle. When my lolo was still alive and my lola dont have yet the alzemeirs. So you mean my mother cannot have her share? There's no chance for us to stop the selling of the property? Thank you.
Oh.
You said "borrowed". Can you prove your uncle didn't bought it?

/IF he bought it, then your mother have right to inherit part of what's left of the pay to your grandparents.
/IF he DIDN'T bought it, or much to cheap, then I don't know if the Philippines have any law by which property can be demanded back for inheritance when one child is favoured more than what's allowed to move by a will. If so, I hope someone else can answer that.

What does your uncle say about share to your mother?
It's allways better if an agreement can be reached without making a case of it.

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8 Re: Borrowed Property on Mon Jan 16, 2017 8:50 am

lorenzoche17


Arresto Menor
How about my lola? She is still alive and his son borrowed the property and transferred to his name. Can she still get her share because she is the mother? Can we file TRO? Thank you

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9 Re: Borrowed Property on Mon Jan 16, 2017 5:47 pm

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:How about my lola? She is still alive and his son  borrowed the property and transferred to his name. Can she still get her share because she is the mother? Can we file TRO? Thank you
Oh. Not because she is mother, but PERHAPS by being wife to lolo.
Did lola and lolo marry?   Before or after 1987?
When did lolo/lola get the property? By inheritance? If so from who?

I don't know what the shortening "TRO" mean.

And she can witness about the "borrowing", but it's a big problem documents say different from being borrowed.

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10 Re: Borrowed Property on Mon Jan 16, 2017 6:47 pm

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:son  borrowed the property and transferred to his name. Thank you
I guess that can't be proven by documents.
You didn't answer what your uncle say about he borrowed it. What does he agree to?

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11 Re: Borrowed Property on Mon Jan 16, 2017 9:07 pm

lorenzoche17


Arresto Menor
The land that he just borrowed from his parents is for the sake that he can loan. The land owns by his parents. 14k a month that we get from the rental of the land is for her medicines and check-ups. Can we apply Temporary Restraining Order? Thank you.

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12 Re: Borrowed Property on Mon Jan 16, 2017 10:43 pm

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:The land that he just borrowed from his parents is for the sake that he can loan. The land owns by his parents. 14k a month that we get from the rental of the land is for her medicines and check-ups.
Are there any document talking about 14k per month?
lorenzoche17 wrote:Can we apply Temporary Restraining Order? Thank you.
Well. You need a LEGAL reason for such. Payments 14k per month can PERHAPS seen as an indcium (=possible sign) but not a clear proof.
An other indicium can PERHAPS be if your uncle can't proove he has bought the property
BUT 1: It's risk the 14k per months can be seen as OTHER than rent. (Support or payment of BUYING the property.)
How long time has he paid?
What's the value of the property?
BUT 2: The uncle having the title allready is a proof AGAINST it's borrowed.

Does your uncle deny the land is borrowed, or what's the problem?

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13 Re: Borrowed Property on Tue Jan 17, 2017 5:27 am

lorenzoche17


Arresto Menor
He's denying it. He will never give a single cent to my grandmother to whom she is the landowner. Can we do some legal action here?

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14 Re: Borrowed Property on Tue Jan 17, 2017 5:28 am

lorenzoche17


Arresto Menor
There is no legal document that he bought the property to my grandparents.

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15 Re: Borrowed Property on Tue Jan 17, 2017 8:44 am

Lunkan


Reclusion Perpetua
lorenzoche17 wrote:He's denying it. He will never give a single cent to my grandmother
Oh so he hasn't paid the 14k per month?
What explaination does he say the property is his?
lorenzoche17 wrote:she is the landowner. Can we do some legal action here?
Well. The Title say opposite.
The question is if you can prove it.
lorenzoche17 wrote:There is no legal document that he bought the property to my grandparents.
Well. IF that's true, it can be a good proof,
but how could he get title transfered without any transfer document??
I suppouse there is such document, sale or donation, because such is needed to get title transfer. The question is if signatures are real or forged. Or if it's real signatures, but can be proved to be scamed.

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