Real Estate Title & Ownership

[FlyAway]

Hopefully this is the right place to post. My wifes parents have kept saying a house in Davao and one in the province belonged to us. So this trip last December I wanted to get all the legalities and tranfers taken care of.The house in Davao still has a balance due on a Pag-Ibig loan. Balance due is around 80,000 Peso. No big deal to me about paying off that one. Title would then be free and clear to transfer into our name. More like mostly her name since we know about foreign property ownership. The house in the province turned out to be real interesting on the paperwork side. Ownership of the land was never transfered. My thought is Oh sh&t. But it turns out, my father in law has kept every scrap of paperwork on everything. He has a legal bill of sale for the 300sqm lot. Maybe not so legal because the lot was never properly zoned out.To top off all this, over 20 years ago he loaned money to the family that owned the original parcel of land. This land area is like 2 hectacres. For the past 20 years, he has been paying the property taxes on it. With duly noted government receipts to. Not one peso of the loan has been paid back. As collateral for the loan, He holds the master title to the land. A very old piece of paper properly notorized back in the days.Since this was originally classified as agricultural land, it needs to be surveyed and properly sectioned out. Let the legal fun and expense begin. There are now several other houses on the 2 hectacres that are not even distant relatives of the original owners.

[Art2ro]

​The home with the P80,000 Pag-Ibig loan, no problem, but good luck with the 2 hectares of agricultural land! Who ever will take over the land will spend a lot of time and money for probably many years just to sort out and get a legal title to the property with the help from a good attorney who knows his business!

[Mike S]

This is a strange place for property ownership ..... point ..... my in-laws bought a piece of property from a person ..... all they were given was a piece of paper saying that the person agreed to sell the property for ex amount of money for ex amount of years ..... as this was just on parcel of about 25 that the person owned ( all 25 on the original deed) and they began (years ago) to pay it off ...... the person agreed to brake it up into sections and give each person a copy of their contract ..... (there are 25 other families involved in this agreement) ..... they do all have notarized copies of their individual properties but as I said no title copy ...... now here is the best part ..... the owner went to the bank with the clear title and borrowed money on the property ....... so now the bank holds title to the property ...... the in-laws stopped paying the lot payment until the original owner straightens it out (they only owe something like 5-6000p) ..... and they have built 2 houses on the property (about 10 years ago) ...... the woman keeps asking for her money but they refuse to pay her until she fixes things ..... I suggested to them that they go to the bank with their notarized copy of the transaction and show them the date on it (as it was dated years before the bank loan was made) and see what could be done .......My asawa and I have decided we will never buy land here in the Phils ...... but then I already knew that ..... :541: :hystery:

[FlyAway]

​The home with the P80,000 Pag-Ibig loan, no problem, but good luck with the 2 hectares of agricultural land! Who ever will take over the land will spend a lot of time and money for probably many years just to sort out and get a legal title to the property with the help from a good attorney who knows his business!

Yeah, the ag land will be interesting. We just want the 300sqm lot squared away. Supposedly that will taken care of without much hassle or expense. We shall see.

[newexpat]

Hopefully this is the right place to post. My wifes parents have kept saying a house in Davao and one in the province belonged to us. So this trip last December I wanted to get all the legalities and tranfers taken care of.The house in Davao still has a balance due on a Pag-Ibig loan. Balance due is around 80,000 Peso. No big deal to me about paying off that one. Title would then be free and clear to transfer into our name. More like mostly her name since we know about foreign property ownership. The house in the province turned out to be real interesting on the paperwork side. Ownership of the land was never transfered. My thought is Oh sh&t. But it turns out, my father in law has kept every scrap of paperwork on everything. He has a legal bill of sale for the 300sqm lot. Maybe not so legal because the lot was never properly zoned out.To top off all this, over 20 years ago he loaned money to the family that owned the original parcel of land. This land area is like 2 hectacres. For the past 20 years, he has been paying the property taxes on it. With duly noted government receipts to. Not one peso of the loan has been paid back. As collateral for the loan, He holds the master title to the land. A very old piece of paper properly notorized back in the days.Since this was originally classified as agricultural land, it needs to be surveyed and properly sectioned out. Let the legal fun and expense begin. There are now several other houses on the 2 hectacres that are not even distant relatives of the original owners.

Fence off as much as you can to create a buffer against the squatters. double barbed wire is enough. Leave everything how it is, do not waste your money on lawyers .Make copies of every receipt and relax. Pay off the 80,000 and live there rent free.

[Old55]

Mike S> "My asawa and I have decided we will never buy land here in the Phils ...... but then I already knew that ..... :mocking: :hystery: Mike" :)

[Old55]

Hopefully this is the right place to post. My wifes parents have kept saying a house in Davao and one in the province belonged to us. So this trip last December I wanted to get all the legalities and tranfers taken care of.The house in Davao still has a balance due on a Pag-Ibig loan. Balance due is around 80,000 Peso. No big deal to me about paying off that one. Title would then be free and clear to transfer into our name. More like mostly her name since we know about foreign property ownership. The house in the province turned out to be real interesting on the paperwork side. Ownership of the land was never transfered. My thought is Oh sh&t. But it turns out, my father in law has kept every scrap of paperwork on everything. He has a legal bill of sale for the 300sqm lot. Maybe not so legal because the lot was never properly zoned out.To top off all this, over 20 years ago he loaned money to the family that owned the original parcel of land. This land area is like 2 hectacres. For the past 20 years, he has been paying the property taxes on it. With duly noted government receipts to. Not one peso of the loan has been paid back. As collateral for the loan, He holds the master title to the land. A very old piece of paper properly notorized back in the days.Since this was originally classified as agricultural land, it needs to be surveyed and properly sectioned out. Let the legal fun and expense begin. There are now several other houses on the 2 hectacres that are not even distant relatives of the original owners.

What is a "Pag-Ibig loan"?If your wife is a citizen of the Philippines she can own land. If she is dual citizen she can own land but there are limits. As an American you may not own those properties.The Davao home seems a sure thing if the title is good and if your family has been making tax payments on it.The province farm land is a 300sqm lot and 2 hectacres farm land your family has a bill of sale and 20 years of tax receipts but no title. I think they can get the title no problem because they paid the property tax. My family has been through this a few times. Getting the family off that land could be a huge problem. Keeping others off the land could be a problem too.

[FlyAway]

I am pretty sure this is the website for pag ibig.http://www.pagibigfund.gov.ph/Payments on the Davao house are up to date. They have a renter in their now. Lucky guy, only paying them 1,500 peso's a month. Being a "Westerner", the place will need a complete renovation.The 300Sqm. is being drawn out by the civil engineer. There is no dispute or pending actions on that property. The 300Sqm. is being carved out of the 2 hectacres. The small vacant portion of the property is basically a swamp for the gray water run off for the entire surrounding area. Very discusting.The other family's living on the property have been there for years. The houses are nice and not your "squatter" type. I do not see a reason to ailienate them. My wifes father could have taken care of all this many years ago. For now we will make sure the lien is properly filled and kept up to date with city hall. Of which it is current and the residents of the houses know it.