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Can a leased property be seized due to civil judgement?

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LovePH


Arresto Menor
Hello, I'm a first time poster, glad to be here. I hope I can get some good advice. Here's the question: I'm a foreigner and, can't own property, so I purchased an extended lease on a home. There is someone threatening me with a frivolous civil case and has hired a good lawyer. I don't have funds to defend myself. If somehow they do obtain a judgement, can my lease be seized and sold? I do not have any other assets. The person filing the case thinks I purchased the home together with my wife, and that is his motivation for trying to sue me... a really bad guy who doesn't even live in the PH and has threatened me before. Is there anything I can do to prevent this? Thank you, I humbly await your replies.

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Lunkan


Reclusion Perpetua
"The person filing the case thinks I purchased the home together with my wife, and that is his motivation for trying to sue me.."
Well. That part can be a problem if the court find it's a "dummy" solution where you are the REAL owner.

Who lease it out to you - I mean any relation to you or you wife?
Did the person own the property years before you started leasing it?

If no close relation, plus owned by same person long before you started leasing it plus nothing additional making it a "dummy" construction, then the other have no/very weak case.

Basicly Lease contracts follow the LAND UNDEPENDING of who is - legal - owner, so as long as it isn't a "dummy" solution you are safe according to the LAW.
BUT in the Phillipines you never know by some can be bribed... Evil or Very Mad

I don't know if foreigners can get assistance by PAO (=Public Attorney Office.) I guess not.
Is your wife on the lease too? If so. let her ask PAO for assistance.

I BELIEVE Barangay Captains have juristiction for such cases. It's suppoused to be no lawyers in such meetings = no cost for such, except if you consult one before.

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LovePH


Arresto Menor
Thanks for the reply, I'm leasing it from a foreign builder and his wife, in my name. They owned the land for some time before building on it. Would it be better if in my wife's name? He is a foreigner as well, leasing to many in the complex, mostly foreigners. It's not a dummy situation, I didn't know the seller in advance, and I saw an advertisement for a new apartment complex which is leased for 25+25 years. So there is no chance that the man who is after me could seize and keep it for the remainder of my lease period, basically my whole life, if he won the civil case that he is threatening to file? Should I dissolve the lease and ask the builder for a new lease in my wife's name? We aren't technically married yet, the wedding is actually delayed due to this case. Thanks.

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Lunkan


Reclusion Perpetua
LovePH wrote:I'm leasing it from a foreign builder and his wife,
 I wonder if that's legit. Rather many foreigners have been FOOLED by LAWYERS making a "solution" with DUMMIES to try to get around the Anti-DUMMY law !!!  
Foreigner CAN own land though through a company, BUT then is the TOTAL owning with wife max 40 %.
OR perhaps they have the solution where the builder's wife own the land and he has the building in SEPARATE business. That's legit IF the land ISN'T bought with the foreigner's money...

But that's not your problem anyway   Smile
If the builder have done something illegal, which you haven't been involved in other than as leaser, then your lease follow the LAND UNDEPENDING of who is and become owner says the LAW.

But as I said, in Phils we never know if the court will follow the law - or been paid to rule something else   Evil or Very Mad
LovePH wrote:Would it be better if in my wife's name?
According to the LAW, that's no difference, but SOME courts have tendency to favour the Filipino. But if I understood corect, your opponent is foreigner too. Corect?

The advantage to have your wife at the lease could perhaps be if she get assitance from PAO if you don't.

Having the lease in YOUR name alone add some security if your relation will break sometimes in the future.
LovePH wrote: He is a foreigner as well, leasing to many in the complex, mostly foreigners. It's not a dummy situation, I didn't know the seller in advance, and I saw an advertisement for a new apartment complex which is leased for 25+25 years.
You talk about a complex. Foreigners ARE allowed to OWN CONDO, so how come you didn't chose that solution?
LovePH wrote:  So there is no chance that the man who is after me could seize and keep it for the remainder of my lease period, basically my whole life, if he won the civil case that he is threatening to file?  
Normaly not. The only LEGAL possibility I can think of HE geting it is if he can prove you have a deot to him PLUS make the court decide it ISN'T a lease but a kind of buy in disguise.

But I'm not a property law expert, I study Business laws Smile Property laws I have just studied some for protection of myself.

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