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Deed of Sale and TCT process inquiry

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1 Deed of Sale and TCT process inquiry on Sun Feb 13, 2011 9:23 pm

angeljhing89


Arresto Menor
Here's the situation:

Si Arman po ay may kinakasama na si Verna. Si Arman at si Verna ay may kanya-kanyang mga legal na asawa. Nung nagsasama pa sila sinabihan siya ni Verna na ipangalan kay Verna ang property o lupa na pinagtayuan nila ng bahay. Ang Lupa ay binili ni Arman kay Joel, na binili din ang lupa kay Myrna. Ang Titulo ay nkapangalan pa rin kay Myrna.

So, ung Deed of Sale between Arman and Joel ay nakapangalan kay Verna. Pero ang nagbayad ay si Arman. Ang nakalagay sa Deed of Sale ay Verna/by Arman. Nung pinagawa ni Arman yung Deed of Sale ay wala si Verna.

Ngayon nagkahiwalay si Arman at Verna. Si Verna ay may kopya ng Deed of Sale from Joel. At nagpagawa uli sya ng isa pang Deed of Sale from the original owner na si Myrna. Dahil kakilala ni Arman si Myrna sinabihan nya ito i-hold ang transaction dahil may problema nga ang lupa.

Gusto ni Arman na ipagawa na ang TCT at ilagay ito sa pangalan nya. Ano ang the best na pwede gawin. Pwede ba pabago yung Deed of Sale from Joel? or i-revoke un? Ano po and process? pls advice. Tnx.

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2 Re: Deed of Sale and TCT process inquiry on Mon Feb 14, 2011 6:15 pm

attyLLL


moderator
was the first deed of sale notarized? who has the title over the property? is it covered by a title registered in the register of deeds?


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3 Re: Deed of Sale and TCT process inquiry on Tue Feb 15, 2011 1:14 pm

angeljhing89


Arresto Menor
yes, the deed of sale executed by Joel and Arman in the name of Verna was notarized. In that Deed of Sale, only Joel and his wife signed plus the two witnesses. Arman did not sign and Verna was not there.

The original title is still with the original owner Myrna. Joel was not able to obtain TCT, then he sold it to Arman.

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4 Re: Deed of Sale and TCT process inquiry on Wed Feb 16, 2011 9:08 pm

attyLLL


moderator
if i were myrna, i would only be willing to sign a deed in favor of Joel and leave everyone else to fend for themselves.

If Arman can convince Myrna, then it would be good if she is willing to do so.

Myrna doesn't have to recognize Verna at all. If you want to go by the book, Arman should file a complaint for quieting of title so that the property will be recognized as his. better if his wife can join him so that naming it to verna will be considered an inofficious donation.


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5 Re: Deed of Sale and TCT process inquiry on Wed Feb 16, 2011 10:22 pm

angeljhing89


Arresto Menor
However, Arman said that Verna obtained another Deed of Sale from Myrna. Can Myrna still execute another Deed of Sale for Arman? Can Myrna revoke or rescind (I dont know the term) the Deed of Sale she issued to Verna?

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6 Re: Deed of Sale and TCT process inquiry on Fri Feb 18, 2011 11:45 pm

attyLLL


moderator
again, where is the title? this new deed of sale, the stated buyer is Myrna?

arman has no document showing that he is the owner. i recommend he explore getting joel to agree to help him by transferring the property first to joel and then to arman. it will result in double taxes but it was the proper thing anyway.

that way verna will be a second buyer in a case of double sale. send a letter to her in the name of joel that the property was sold to him to give her written notice.


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7 Re: Deed of Sale and TCT process inquiry on Mon Feb 21, 2011 11:56 pm

angeljhing89


Arresto Menor
thank you so much for your help.

Arman said that Verna (the ex common law wife) was able to obtain a Deed of sale from Myrna (the original owner).
And as of now, Verna is working on selling the said property.

Let me just clarify and correct myself that there was no Deed of Sale between Joel and Myrna. What they have is an acknowledgement receipt with undertaking to execute a Deed of Sale in favor of Joel.

If I got it correctly, Joel can first transfer the property in his name, then transfer it to Arman?

There was no Deed of Sale between Joel and Arman, what they also have is an acknowledgement receipt with undertaking to execute a Deed of Sale in favor of Verna. Can they (Joel and Arman) ignore said agreement?
Can Joel execute a Deed of Sale in favor of Arman?

By the way, Verna is not in the Philippines. An agent is working for her.

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Disclaimer: ang mga pangalan ay pawang kathang-isip lamang.
Anumang pagkakapareho ay sadyang nagkataon lang. Smile

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8 Re: Deed of Sale and TCT process inquiry on Tue Feb 22, 2011 2:27 pm

attyLLL


moderator
i recommend you talk to myrna first to see how she is willing to help. tell her that if she does not then joel and arman will file a case against her.


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9 Re: Deed of Sale and TCT process inquiry on Wed Feb 23, 2011 1:25 am

angeljhing89


Arresto Menor
Myrna (the original owner) already died two or three years ago.

The heirs of Myrna is willing to help Arman.

What will be the next step of Arman?
Extra-judicial settlement with sale from the heirs?
or is Deed of Sale from the heirs suffice?they said that they have SPA.

Or is it still advisable for Joel to first transfer it in his name then transfer it to Arman?

The OCT is still under the name of Myrna.

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10 Re: Deed of Sale and TCT process inquiry on Wed Feb 23, 2011 1:29 am

angeljhing89


Arresto Menor
Pls take note that Verna has a Deed of Sale signed by Myrna.

What can Arman do to transfer the title in his name?

Thanks.

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11 Re: Deed of Sale and TCT process inquiry on Wed Feb 23, 2011 5:45 pm

attyLLL


moderator
that Myrna is dead is a game changer. this should have been mentioned from the beginning.

who has the OCT? where is it?


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12 Re: Deed of Sale and TCT process inquiry on Wed Feb 23, 2011 8:51 pm

angeljhing89


Arresto Menor
Yes, indeed it changes everything.
Arman at first said that the owner is still alive however when I checked it with the ROD and asked where is the person named in the OCT, he said shes dead.(In this situation its Myrna)

The OCT is still with the heirs of Myrna.

Is it correct to think na, 'paunahan na lang kung sino ang makakapatransfer ng title'?

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13 Re: Deed of Sale and TCT process inquiry on Thu Feb 24, 2011 7:27 pm

attyLLL


moderator
who is in the possession of the property? what kind of property is it? Is Verna in possession?

yes, it is the first one who can register in good faith who will be entitled to the property.


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14 Re: Deed of Sale and TCT process inquiry on Thu Feb 24, 2011 8:55 pm

angeljhing89


Arresto Menor
Arman is in possession of the property. He is living there now.
In the OCT it shows that it is agricultural land.
Is extra-judicial settlement proper?

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15 Re: Deed of Sale and TCT process inquiry on Sat Feb 26, 2011 6:51 pm

attyLLL


moderator
if the heirs have no personal knowledge of the sale (like they were not there to see it), then they can execute an extra-judicial settlement and sell their interest to arman so that it will be his problem. or even better someone who has absolutely no idea about the first sale so he can register the title in good faith.

obviously, the one who is able to register the property in their name has the advantage.


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