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do we have still the rights?

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1 do we have still the rights? on Thu May 18, 2017 12:49 pm


Arresto Menor
my parents pawned our land title amounting to 80,000 pesos, my mother's brother paid the 80,000 in the bank transfered the title name to his name and pawned it to higher amount.
my parents planed to pay the 80,000 pesos which he paid and now our problem is can we still get our land we still have right to get it..need help

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2 Re: do we have still the rights? on Thu May 18, 2017 1:10 pm


Reclusion Perpetua
if the title was transferred to the name of the brother, then in the face of the law, the brother is the rightful owner of the land. he can then sell or use it as a collateral without your mom's consent.

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3 re:do we still have rights on Thu May 18, 2017 1:16 pm


Arresto Menor
is there any ways on how we can take it back..

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4 Re: do we have still the rights? on Thu May 18, 2017 5:15 pm


Reclusion Perpetua
It depend of how the nother's brother got the title in his name.
IF it was an OCT or TCT, to be legal it has to be:
A. The bank FORECLOSED the property and the mother's brother BOUGHT it from the bank.
or B. The earlier owner according to the title have to have SIGNED something as selling or waiving of rights.

Was it OCT/TCT ?
If so - was it in your parents' name or what?

If A - How long time ago was it? If less than a year, then it can be bought back by the earlier owner (=name at the OCT/TCT).

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