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problem with developer...please advice

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1 problem with developer...please advice on Tue Jun 07, 2011 5:26 pm

ariesgirl


Arresto Menor
Good afternoon Atty! Please give some advice regarding this matter:

We bought a house & lot (single attached bare unit) last Nov. 2008 through pag-ibig financing. As per our agent & developer we can move-in soon after fully paid of DP by Dec. 2009 but it did not happen due to hindi pa daw ma-loan take-out sa pag-ibig. We continued to pay the monthly amortization to their office.

March 2010, they asked another 6 months in order reprocess the papers because the lot was reduced from 81m² to 73m². as they promised Sept. 2010 approved na daw yun sa pag-ibig then pwede na kami makalipat pero wala pa ring nangyari. Then Dec. 2010 wala na naman.

Last March 2011, we requested for early move-in since pwede naman daw yun as per our agent kasi wala naman sa amin ang problema, they approved our request we need to pay 10,000.00 cash for the construction bond para hindi daw sitahin ng guard kapag nagdeliver ng construction materials, in short we complied para makapagpagawa at makalipat agad. We submitted the drawings for their approval as required they approved it. Suddenly they (developer) informed us na hindi pa daw pwedeng galawin ang loob ng bahay kasi hindi pa rin daw ma-loan takeout sa pag-ibig because the papers are still at registry of deeds. If galawin daw baka magkaproblema kapag hindi ma-approve sa pag-ibig all our expenses will not be reimbursed. Anong silbi ng pag-approved nila sa early move-in if hindi namn kami makalipat? What is the best thing to do? Can we charge them our rental fee from Dec. 2009 until now?

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2 Re: problem with developer...please advice on Thu Jun 09, 2011 8:51 pm

attyLLL


moderator
the discretion of approving the loan application is with pag-ibig. have you inquired at pag-ibig why the loan application has not been approved?


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3 Re: problem with developer...please advice on Fri Jun 10, 2011 7:11 pm

ariesgirl


Arresto Menor
Atty, thanks so much for the reply...

We verified at pag-ibig but no record found under our name. When we asked the developer about this, wala pa daw talagang record na makikita sa pag-ibig kasi they didnt file yet due to the anotated TCT is still at registry of deeds. How long po ba ang processing ng anotation of TCT? Kasi in our case it is almost 2 years na po waiting but still no result. Can we verify it personally at registry of deeds to know the status why it cannot be released?

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4 Re: problem with developer...please advice on Wed Jun 15, 2011 9:20 pm

attyLLL


moderator
you can try to inquire at the RD. your remedy for a refund is to give a demand letter then file a complaint at hlurb.


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5 Re: problem with developer...please advice on Thu Jun 16, 2011 10:45 am

ariesgirl


Arresto Menor
Thank you very much atty for the reply.

We will inquire it soon. More power & God bless...

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