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getting the title from the developer

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1 getting the title from the developer on Wed Apr 06, 2011 12:58 pm


Arresto Menor
Here's the scenario, my brother and my mother moved in to the house 2004, the title was supposed to be released at the time but was not then duly fulfilled by the developer. This corporation already have a number of issues of not releasing the deed titles, so when i heard the news last 2009, i took my chance to finally find the right contact person to help me settle this. The house and lot is still under my mother's name. She passed away last January 2009. I have manage to take action April 2009.

I went straight to their office in Las Pinas, but the guard informed me to coordinate it directly to the real estate broker/agent that closed the deal with my parents and the developer. I was informed that she is always on field work. Days after, I went to a subdivision in Dasmarinas, Cavite, this is where i can find her.

She then informed me that the title is already available for release, and the requirements are as follows:

1. ad report from the newspaper, with information that there are no other claims received for the property
2. waiver of rights signed by my older brother, the eldest. i already gave a copy to her.

And then she said that afterwards, she will proceed with processing it.

my question is that, the first step, didn't sound normal. If it is for proof that I am an heir, i have other legal documents to present, birth certificate, death certificate, proof that the property is fully paid. I checked the other forums that mentioned a topic similar to this but this requirement is not mentioned. I need clarification on that. It worries me that this could also create a negative impact if somebody will claim it.

also, i was informed that while the title is still being held by the developers, they are the ones responsible for all other legal obligations, like tax payments.

I have delayed this for 2 years now (due to medical recovery and settling lawsuit per my mother's death). I also want to know the potential implication of this delay. Should i get a lawyer now?

I will appreciate all the help. Thanks!

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2 Re: getting the title from the developer on Sat Apr 09, 2011 8:24 am


if your mother's estate was already settled, then the rights to the property should indeed be transferred to you. to be more diligent, i recommend you give the agent the copy of the settlement also.

you can also send a letter direct stating that you already gave the agent the documents and you expect issuance of the title to the company so you can establish that you demanded it issuance.

let the process run its course, i don't think it's time to get a lawyer yet.

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