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NEED LEGAL ADVICE ASAP, INHERITANCE + LOAN COLLATERAL

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katrinajoson


Arresto Menor
Good day,

I would like to ask for legal advice on our situation:

My mother has just recently been told of an agricultural land property located in Sultan Kudarat. It turned out, the title of the land was under her father's name (my grandfather). The said land was kept secret to my mother for about 30 years and some relatives (who kept it a secret) were the one using the said property as a palay farm land. Some years ago, according to a relative, an uncle (named Walter) used it as a collateral for a loan he was able to achieve from a particular person. Interest, taxes plus the collateral expiry date piled up and another uncle (Ronnel) wanted to redeem the mortgaged land had paid for the loan (which cost him 200k) redeemed and kept the land title as well (that is still under the name of my deceased grandfather).

In the long run, Ronnel also used the said title and acquired a loan for himself for 800k with the title as a collateral. Fast forward to now, they decided to sell the property to get more money and someone has tipped us that they found a buyer who was willing to buy it for 1.2M.

That was when they started contacting my mom, who is the only child of my grandfather (who according to my understanding to the right of succession, should have received such property). That was last week only when my mom learnt that she has a property that she could have rightfully inherited 30 yrs ago. Ronnel sent my mom a document to enter to a "fake sales" in order to transfer the right to sell to them. Later on, they changed their mind and just asked my mom to issue a "waiver" for her to waive her right to the property.

THE LAND WAS KEPT SECRET TO US (my mom specially, who is the rightful heir to her father's property) FOR 30 YEARS. It was farmed and taken advantaged by Ronnel and his family. And now, they wanted my mom to waive her right to the property. We, as usual, declined.

I have a lot of questions about this situation but I'd like to start with the following:

1. Can we demand them (Ronnie) to give my mother the title of the land?
2. Are we also affected of the loan Ronnie acquired with the title as the collateral even if we didn't know even the existence of the land and, they deceived my mom by not telling her she has a right to a property even if they had known that fact for a lot of years?
3. What is the tax effect (excise tax) on this? Probably the fair market value now of the property would reach 1M.
4. Does the government offer any tax amnesty for this situation? (i.e. my mom didn't know she could have inherited a property 30 years ago and therefore wasn't able to pay the necessary tax?)
5. Aren't they criminally liable to what they did to my mom?


Thank you for the response in advance.

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