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Land bought but no Deed of Sale

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1 Land bought but no Deed of Sale on Wed Feb 15, 2017 5:19 pm

newjayrald


Arresto Menor
My uncle bought a 240sqm land in Moltalban, Rizal.
He only has Contract to Sell, complete payment receipts and Passbook with notation 'fully paid'.

Contract to Sell dated Aug 15, 1973. Passbook fully paid Apr 16, 1986.

The agent, L. A. Bautista Jr. Realty Enterprises at Rm 403 Mariwasa Bldg, Aurora Blvd, Cubao Q.C., no longer exist.

My uncle wants to have the land title. Could you help what he needs to do specifically?

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2 Re: Land bought but no Deed of Sale on Wed Feb 15, 2017 6:31 pm

Lunkan


Reclusion Perpetua
Then the sell was only transfer of RIGHTS. The Government is OWNER of the LAND.
Has he paid the property tax during these years (at least the last 10 years)?
If so, he can APPLY to get the title even WITHOUT the documents, except proves of paid property tax. Mostly it's approved but not allways. 3 years ago the cost was around 2000-3000 per land.
If I remember corect it's handled by someone ELSE than Register of Deeds (Perhaps DENR?) But I suppouse Register if Deeds know where to apply when it's 10+ years but not back since 1948.

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3 Re: Land bought but no Deed of Sale on Wed Feb 15, 2017 7:13 pm

newjayrald


Arresto Menor
My uncle did not pay any property tax. Can he still get the title? Thanks a lot.

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4 Re: Land bought but no Deed of Sale on Wed Feb 15, 2017 8:28 pm

Lunkan


Reclusion Perpetua
newjayrald wrote:My uncle did not pay any property tax. Can he still get the title? Thanks a lot.
No, that's a demand to get chance to get the land as GIFT from the government.
But I don't know if it's possible to pay the tax DEPT now afterwards and get chance to get it as gift anyway.

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5 Re: Land bought but no Deed of Sale on Wed Feb 15, 2017 9:01 pm

newjayrald


Arresto Menor
Wait, the agreement made & executed by & L.A. Bautista, Jr. Realty Ent represented by [person]
AND
[Maiden name of my uncle's late wife]...
Why and how does the Government come in? Does this make this more difficult, or easier? Thank you very much.

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6 Re: Land bought but no Deed of Sale on Wed Feb 15, 2017 9:43 pm

Lunkan


Reclusion Perpetua
newjayrald wrote:Wait, the agreement made & executed by & L.A. Bautista, Jr. Realty Ent represented by [person]
AND
[Maiden name of my uncle's late wife]...
Why and how does the Government come in? Does this make this more difficult, or easier? Thank you very much.
When it ISN'T TITLED, then the GOVERNMENT is the owner and gave away RIGHTS to USE.  Such RIGHTS can be sold.
So such RIGHT to USE is what your uncle bought.

By it's the Government, who is the OWNER, it's the government, who can decide to give away (for a small fee) the land OWNERSHIP to a minimum 10 years property tax payer.

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7 Re: Land bought but no Deed of Sale on Thu Feb 16, 2017 5:31 pm

betchay001


Reclusion Temporal
Please check the Contract To Sell.

Is the realty the registered and lawful owner of that residential lot? An accompanying document is the Deed of Absolute Sale, which the owner must provide.

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8 Re: Land bought but no Deed of Sale on Fri Feb 17, 2017 5:15 am

newjayrald


Arresto Menor
The agreement made & executed by & L.A. Bautista, Jr. Realty Ent represented by Luis A. Bautista, Jr. ...
referred to as the VENDORS
AND
[Maiden name of my uncle's late wife]... PURCHASER

Luis Bautista, Jr. signed as Subdivider
No one signed in the Owner
Notarized Dec 31, 1974

-- does above shows the rightful owner?
-- no Deed of Absolute Sale
-- what is the next step to get the title?

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9 Re: Land bought but no Deed of Sale on Fri Feb 17, 2017 6:11 pm

Lunkan


Reclusion Perpetua
newjayrald wrote:
-- does above shows the rightful owner?
-- no Deed of Absolute Sale
-- what is the next step to get the title?
I answered most of that in my first answer Smile

That show only owner of the RIGHTS to USE.
When it is NOT titled, the owner of the LAND is the GOVERNMENT.
But when property tax is paid at least 10 years, then the government mostly agree to GIVE the land to the property tax payer if apply. Then they ONLY look at proof who has paid the tax, concerning WHO get the land. The law and handling is CRAZY, because they DON'T look at who is owner of the rights !!! I suppouse they just asume that's same as the one who paid the property taxes.
(They look at some other things to decide IF ANYONE can get the land from the government. If it's counted as agricultural, then they say ok normaly.)

Just bring proof of paid tax and fill an application form. I have forgot who handle it, but I suppouse Register of Deeds know. who. (Themselves? DENR ?)

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10 Re: Land bought but no Deed of Sale on Fri Feb 17, 2017 7:14 pm

newjayrald


Arresto Menor
1. No property tax was paid.
2. Someone built a house in the lot.

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11 Re: Land bought but no Deed of Sale on Sat Feb 18, 2017 7:34 am

Lunkan


Reclusion Perpetua
newjayrald wrote:1. No property tax was paid.
2. Someone built a house in the lot.
Oh.
No tax paid in many years, then anyone ELSE can get it titled in THEIR name by paying the property tax as I described earlier.

Then you can
A. First
/at municipaly/barangay office if someone has paid the property tax.
/at Register of Deeds if someone have got the land titled in their name.

If someone else is noted there, you are in big trouble concerning chance to keep the land.
If Register of Deeds, then your chance is very small/none.
If tax declation, your chance is some biger, but still very complicated and risk it can be very expensive to winn such case.

If nothing in the registers, you have chance to HURRY to pay property tax and apply for the title.
BUT such can be risky, specialy if them with the house are violent type.
Better check them first.
Is it an expensive house or simple?

Perhaps worth to talk with them and ask how come they have built at your land. Perhaps they have been FOOLED by someone who noticed no property tax is paid for the land. Some scamers do such.

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12 Re: Land bought but no Deed of Sale on Sat Feb 18, 2017 6:13 pm

newjayrald


Arresto Menor
--Land bought but no Deed of Sale--
Thank you for all who gave feedback and messages.
I would like to summarize and break down further the details - this is for everyones information and clarification. I would also like to ask for your comments and suggestions.

Given:
LA-Ent -> referred to as the VENDOR, represented by LA-Agt
LA-Agt -> the person contacted by the PURCHASER, deceased
LA-son -> the son of LA-Agt
LA-RH -> the right hand? of LA-Agt, also contacted by the PURCHASER, now legally incapable
BUYER -> referred to as the PURCHASER, deceased
my Uncle -> husband of the BUYER/PURCHASER, also contacting LA-Agt and LA-RH
Contract to Sell (COS) -> made and executed by and between LA-Ent and BUYER, 1973 (44 years from now 2017)
COS signed by BUYER [Purchaser], LA-Agt [Subdivider], no signature [Owner], witnessed by 2, Notarized
Location -> Josielene Heights II, San Rafael, Montalban, Rizal
With Subdivision Plan No., Block No., Lot No., Area, TCT No./LRC No.
Passbook -> a book showing payments to LA-Ent, noted as fully paid 1986 (31 years from now 2017)
The passbook has further payments below the 'fully paid' line
The passbook shows 'Cancelled' on the last page (the page showing fully paid and further payments)
Receipts -> there's a complete copy of official receipts issued by LA-Ent as recorded in the Passbook

Today:
We went to see LA-RH (in Wawa Dam, San Rafael, Montalban), as he and my Uncle knows each other as he also bought a lot (he can be a witness).
We should ask LA-RH the exact location of the lot bought, but LA-RH is now legally incapabale.
The locals in Wawa Dam points that the location, Josielene Heights, is still far, pointing near the mountains.
My Uncle said they were visiting the lot Location last 1990s-1995s (20 years from now 2017), but now he can't recognize the place due to many changes.
My Uncle supposed to fence the lot then, but LA-RH advised not yet as the area will still be developed (bulldozed).
My Uncle didn't process the documentation (land title and taxes) as he is in trust that there will be no problem.
No property tax paid for the land until now.
My uncle said that 2 years ago, he went to the barangay, but he was directed to the municipal assessor.
The municipal assessor, being showed to him the COS and receipts, said he should ask a letter from LA-Ent.
Then my Uncle learned that LA-Agt already died, and he was able to contact LA-son.
LA-son said he doesn't know anything about the transaction.
My Uncle was suspecting that the note "Cancelled' in the last page of the passbook is fraudaulent.
I suspect that the note "Cancelled' in the last page of the passbook is for the developer fees.
I tried to look for the location Josielene Heights, but the locals doesn't know the location, except those in the Wawa Dam.
No results for Josielene Heights in Google.

What I plan:
Go to municipal assessor and ask how much tax is needed to pay for the property, showing him the COS, Passbook and receipts.
Can the assessor check if someone is already paying taxes, or the land title is already in someones name?
Will he do it, even without my Uncle?

Because if I ask for a copy of the title, I doubt that they will do it.
And if I ask assistance for the title immediately, he may just direct me to LA-Ent, or to whoever.

Also, can someone know where is Josielene Heights II, San Rafael, Montalban, Rizal?

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13 Re: Land bought but no Deed of Sale on Sun Feb 19, 2017 1:13 am

Lunkan


Reclusion Perpetua
newjayrald wrote:
What I plan:
Go to municipal assessor and ask how much tax is needed to pay for the property, showing him the COS, Passbook and receipts.
Can the assessor check if someone is already paying taxes, or the land title is already in someones name?
I would go there and ask and NOT show anything direct
(but bring the documents to show if they ask. And perhaps they need to figuere out which lot you are talking about.)
Just ask how the tax situation is for the lot.

Yes, municipaly can check - if they don't have to much messed up organisation Smile

At least in some municipalies anyone can get info WITHOUT being even connected to the lot at all, because scamers get info that way.

TITLES are NOT handled by Municipalies,
but by Register of Deeds, so you need to go there to check title.

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