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Transfer of Property

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1 Transfer of Property on Thu May 19, 2011 11:12 am

Michael122774


Arresto Menor
Good Morning...

I would just like an advice regarding my Aunt's real property.

My Aunt, who works abroad was able to buy a lot here in the Philippines. One lot she has decided to erect a house and the other lot, thru the incitement of our relatives (more of second cousins of hers), was able to erect an apartment building.

We are not that knowledgeable regarding legal matters and the size of the property that a foreign citizen should acquire (my aunt is a green card holder), so it happens that she was made to believe that a foreign national should not own two properties. She decided to keep the house and have the other property be placed in the names of her relatives (both the lot and the apartment).

In order to have the necessary funding to have the apartment built on the empty lot, these same relatives and my aunt have decided to have the lot for the apartment placed on loan in a bank. Later on, these same relatives, in trying to hasten up the construction of the building, offered to have their house and lot placed on loan too.

To make the long story short, the relatives, though claiming to not having any interest on the property and that they are really mere caretakers, are showing signs of actually owning the apartment and that aunt merely just their way of obtaining the money...

1. Both parties have agreed that 3 of the 6 rooms in the apartment are to be occupied by my aunt's relatives (one for the office, and the other 2 to be rented as rooms for the sons of this second cousin), and both have agreed that a certain amount will be paid for their tenure which in reality no amount since the construction of the building has yet been received by my Aunt.

2. Ever since the building has been constructed, my aunt has been paying for the loan obtained from the bank. There were instances wherein such money handed to them (the relatives) to pay such loan were not actually paid to the bank and were used for personal reasons.
When the bank issued a statement regarding 2 months of non compliance with the payment, my aunt's relatives are forced to sell or pawn their properties and jewelries in order to obtain the money to cover up for their sins. And what happens now is that they are charging my aunt for the money they have paid and the interest for the pawn properties and jewelries.

3. There were several instances wherein a lot of items are procured by the said relatives after the building was constructed, saying that both parties have actually agreed to buying such items. When asked to show the receipt of the bought items, these same cousin's of my aunt's merely shrugged their shoulders and kept saying to my aunt that she know about it.

4. Real property taxes concerning the apartment are to be paid by the owner, that is my aunt. These same relatives of her's registered the property as a residential property, instead of a building. The question now is this, the owner has the capacity to pay for real estate taxes, then why should they ( the relatives of my aunt's ) declare the building as a residential property when it should have been declared as a building? For this reason, the real estate taxes of the building has soared.

These are merely bits of what they have committed that it is very evident that they are merely using my aunt to sustain their needs and they have baited her similar to how a spider baits a fly.

To this end, we would like to request an earnest advice on this matter. Further, we are asking for an advice on how to obtain such property in a way by DEED OF DONATION, and the process on how to undertake such.

We really appreciate the help and advice you would give. Thank you very much.

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2 Re: Transfer of Property on Sat May 21, 2011 2:31 pm

attyLLL


moderator
so she is a naturalized foreign citizen? when did she take her oath of allegiance?

the properties are not registered in her name? you want them to transfer the property to you through a deed of donation?


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3 Re: Transfer of Property on Sat May 21, 2011 3:16 pm

Michael122774


Arresto Menor
attyLLL wrote:so she is a naturalized foreign citizen? when did she take her oath of allegiance?

the properties are not registered in her name? you want them to transfer the property to you through a deed of donation?

Yes, I know that she has taken her oath since the 1990s.

Yes the properties are not registered in her name. She trusted are so-called relatives but now it turns out that my aunt is spending all her money for the maintenance, etc of the building, but since the apartments were built, she haven't receive anything. Not a single centavo from the rents because these trusted people are saying the she (my aunt), still owns them money for this and those. Which in reality are not real since they cannot produce the said receipts.

Please help us. We are in dire need of help regarding these matter.

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4 Re: Transfer of Property on Thu May 26, 2011 8:27 pm

attyLLL


moderator
it's going to be very difficult unless she can prove she is the one who paid for it and there is a written agreement that the property be held in trust only.


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5 Re: Transfer of Property Today at 4:24 am

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