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Delay in release of subdivision lot title from a developer

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foxyface


Arresto Menor
Good afternoon gentlemen. I'd like to seek advise regarding the current status of my lot purchase. To keep the story short, I completed the full payment of a subdivision lot from a known developer. I asked for the transfer of title to my name and paid all the dues accordingly last Jan 2010. I was informed title should be ready in 3 months because being a corporation, they work on the titles 'batch-by-batch'.

I did a follow up late last year and was surprised to be told that my title was 'missing'. The corporation representative admitted that the physical title had gone missing within the company premises and they had been looking for it thoroughly. Just this month a called them up again, and they said that there is no hope in finding it, so they already submitted a letter to the Registry of Deeds. By doing so, they promise to have the title produced in 6 months.

Questions po. Is what they are doing realistic? I called up HLURB and told me there is no such thing as a 'missing title'. It's either there is a title or there is none. Since there had been a piled up delay on my title (paid my lot in full since 2008; release of un-transferred title was delayed also, but that's another story), HLURB told me, 'Mag-isip-isip ka na. Pag banko na may-ari nung lupa mo mas mahihirapan ka mag-claim. Kumuha ka na ng abugado and file charges."

Another one, browsing from other websites I learned that there is a certain period of time (one or two months?) wherein developer/corporation must release the title once the full payment is made. Also, transferring of title to the name of the new owner could in fact be done in as fast as two weeks, if personally done. Is this correct?

This is now a question of whether I wait (again) for my title, or file charges na. Should the experts here suggest the latter, what sort of implications or ordeals am I gonna be facing?

Good afternoon again.

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attyLLL


moderator
was this title supposed to be already in your name before it was lost? did they give a copy of the letter to the RD to you?


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foxyface


Arresto Menor
attyLLL wrote:was this title supposed to be already in your name before it was lost? did they give a copy of the letter to the RD to you?

If I'm not mistaken, it was ready but they lost it. I'm assuming they transferred the title to my name (since they said 'ready') before they lost it. I'll confirm tomorrow. Thanks sir!

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foxyface


Arresto Menor
Good afternoon attyLLL. Apparently I was wrong. I called up the corp. and they said what they filed was an affidavit of loss under the name of the corporation (developer).

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foxyface


Arresto Menor
What action must I take now, attyLLL?

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attyLLL


moderator
begin with a demand letter. it is only the developer who can petition the court for the reissuance of the owner's copy. or you can file a petition for quieting of title so that you be declared as owner of the property and title be issued to you and ask the court to charge the costs to them.


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foxyface


Arresto Menor
attyLLL wrote:begin with a demand letter. it is only the developer who can petition the court for the reissuance of the owner's copy. or you can file a petition for quieting of title so that you be declared as owner of the property and title be issued to you and ask the court to charge the costs to them.

Actually attyLLL I already personally brought a demand letter straight to the CEO of the developer/corporation when I was asking for the title (non-transferred yet), in which they were able to respond. I did get a copy of the title. In this new scenario, As per HLURB's advise, I was told to go straight to filing a case, in order to get the one transferred to my name (I've paid all the fees and dues). Possibly this weekend I'll come in contact with an attorney who can help me out all the way. The 'petition' you mentioned at the end of your statement seems interesting, I'll bring it up with my prospective partner. Thank you attyLLL for your help!

By the way am I allowed to share the result of the case if it pushes through? I've browsed through some topics around the website but it seems all we're getting are queries and no real conclusion. Is there a privacy clause?

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attyLLL


moderator
well, it's up to the person if they will share further, but yes, after the lawyers here comment, we don't get to hear what else happened, but there's no expectation that we will.


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foxyface


Arresto Menor
Update on the status of my case - well there is nothing to update. I was unable to file a case yet, because my prospective lawyer (who happened to be a College friend) had to undergo a case of her own. It's an annulment case against her husband, who happens to be a lawyer too! Can you believe that? I can just imagine what kind of spoken legal arguments they throw at each other whenever they get into a verbal dispute.

Question now is, is it still feasible to pursue the case? Also who should pay for the amilyar? Right now I have the following:

1. Passbook to prove my 100% full payment of the subdivision lot;
2. Certification from the developer that I have indeed completed all payments;
3. Copy of the Deed of Sale which I must sign and forward to the developer to process my new title, since the original one was physically lost 'daw'
4. Duly notarized Affidavit of Loss indicating the said disappearance of my title, including 4 other titles.

If I simply proceed with signing the new DOS, again there is no telling when I will get my title. What is your take on this, AtorneyLLL?



Last edited by foxyface on Thu Apr 19, 2012 6:25 pm; edited 1 time in total (Reason for editing : added Affidavit of Loss on the list)

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foxyface


Arresto Menor
Up for this thread! Would it still be feasible to file a case despite delay on my part?

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attyLLL


moderator
sorry i wasn't able to answer previously. ask the developer if they can present the title to you. nevertheless, i recommend you sign the deed of sale.


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foxyface


Arresto Menor
Good evening sir attyLLL,

attyLLL wrote: ask the developer if they can present the title to you.

Which title are you referring to, the one that still does not have my name on it? Won't they argue that they are pursuing the title with my name on it this time, so I will need to deliver to them the duly signed DOS?

attyLLL wrote: nevertheless, i recommend you sign the deed of sale

By doing so, it means that I agree to wait again for them to come up with the title, and therefore refrain from pursuing a case? Is that what you are recommending?

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foxyface


Arresto Menor
Up! Any advise?

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attyLLL


moderator
they can't transfer the title if they don't have a deed of sale.


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adel.villafuerte


Arresto Mayor
re: DELAY IN THE........

TAKE NOTE: Condominium and lot buyers are protected by PD 957 otherwise known as "Condominium and Lot buyers Protective Decree" being implemented and regulated by Housing and Land Use Regulatory Board. Check if the subdivision project has as approved Prelimenary Approval and Locational Clearance (PALC), Devet. Permit (DP),CERTIFICATE OF REGISTRATION (CR) and LICENSE TO SELL (LTS) from HLURB. In your Contract to Sell, any of such circumstances must be stipulated. Other provisions of the Maceda Law must also be stipulated.In the absence any of the foregoing informations more particularly CR, LTS and Maceda Law, such subdivision is illegal or unregistered to HLURB, and hence it maybe a simple homeowners association as a project proponent not a real estate owner/developer/dealer.

In case of lost of title, the Owner/Developer/Dealer or homeowners association (CA) must file a Petition to RTC for the Reconstitution of Lost Title before the same is transfer in your name. Minimum processing period for transferring of ownership and/or title in the name of the vendee is one a half months.



Last edited by adel.villafuerte on Fri Dec 28, 2012 9:53 am; edited 1 time in total

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adel.villafuerte


Arresto Mayor
Delivery of title is tantamount to delivery of a thing subject of the contract. A possessor of title of real property at the time when it lost is liable and/or responsible for the cost of the reconstitution of lost title in the proper court. Deed of Sale is not sufficient to prove that the things subject of purchased is delivered.

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foxyface


Arresto Menor
I've re-signed the DOAS and submitted to the developer 4 months ago, with them promising to deliver the title within this month. After following up yesterday, again I heard excuses (why am I not surprised?)for the unavailability of my title. I'm seriously thinking of availing the services of a lawyer now. Just in case, which court shall hear our case? Is there some sort of a jurisdiction? Meaning do we hear the case in Bulacan (where I bought the lot), or can I choose somewhere in the metro which is most convenient for me? This might determine where I'll get my future lawyer..

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foxyface


Arresto Menor
I've re-signed the DOAS and submitted to the developer 4 months ago, with them promising to deliver the title within this month. After following up yesterday, again I heard excuses (why am I not surprised?)for the unavailability of my title. I'm seriously thinking of availing the services of a lawyer now. Just in case, which court shall hear our case? Is there some sort of a jurisdiction? Meaning do we hear the case in Bulacan (where I bought the lot), or can I choose somewhere in the metro which is most convenient for me? This might determine where I'll get my future lawyer. Also what documents do I need to prepare, aside from the receipts, passbook, correspondences, etc? Should I compile, maybe for a NBI Clearance, TIN, Residence Cert.?

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