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should i use a damme for land and 50 year lease?

En tråd i 'Expat Section' startet av yogavnture, 3 Jun 2019.

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  1. yogavnture

    yogavnture DI New Member

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    hi im over on cebu island. i am buying land thru a woman ive known thier for 4 years i basically trust. im american. i have spent over 1.6 million peso for land their thru the damme with the help of a lawyer. if the damme is loyal to me will this idea work? remember im also gonna put her family to live on the land at my cost and also build a house for myself. im a bit afraid of leaving so much assets of mine with a person i know from traveling to cebu 2 months a year. but it seems the only way to get this done
     
    yogavnture, 3 Jun 2019
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  2. furriner

    furriner DI Forum Adept Restricted Account

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    I looked up the term “damne” and suspect you may mean “dame” because damme is an archaic expression not referring to a person. Anyway, assuming you meant a Filipina woman, who is a citizen allowed to own land here, I would not do as you say; you are basically gifting her and potentially her heirs more than 23k USD that she gives you permission to use which can be revoked on a whim. This is true not only in the Phils but in many countries is Asia. If you were to marry the woman you would have a much better claim as “beneficial owner” of marital property where you could own it if she passes and her heirs wouldn’t have a claim. Of course, you should verify your particular situation with an attorney. Assuming marriage is not in the picture, you might wish to look at a long term lease using a knowledgeable attorney. You hear stories of foreigners getting married and the spouse legally or informally separating and selling the property with the foreigner losing everything. These stories may actually be true because the only way the foreigner can own land here is through legal inheritance by death of a spouse. If she (or the dame) is alive, you do not own anything. I wouldn’t do as you propose.


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    furriner, 3 Jun 2019
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  3. HeyJoey

    HeyJoey DI Member

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    no sir,
    don't do it like that,
    2 months a year and you are willing to loose 1.6m ? (always remember every investment i a loosed one to start...)
    either way you are rich or don't care about money, 1.6m is small for us but for your 2 months-love-a-year is very big,
    don't sign any papers on her name, check many lawyers, make a corporation with 1 of your close friend and 3 locals that don't know each other. this is the safest way and if your 2 month a year love react violently to my last suggestion you have your answer :wink:.
     
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    HeyJoey, 3 Jun 2019
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  4. Glendazumba

    Glendazumba DI Forum Adept

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    I totally agree with the gentlemen's advice above. I find it too risky to be throwing your money just like that and since it is under her name, we just don't know about her family, you know, greed and treachery could happen. Just be cautious. But I think it is too late for this advice since you have already bought the land, so maybe you should not spend so much in building a house ---- a simple house would be fine as anyway you only go there twice a year.
     
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    Glendazumba, 3 Jun 2019
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  5. Philpots

    Philpots DI Senior Member Restricted Account

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    You are getting some very good advise here mate be careful
     
    Philpots, 3 Jun 2019
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  6. Pompolino

    Pompolino DI Member Showcase Reviewer

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    As it appears you have already bought the property, to start your recovery from this situation, you should contact a lawyer (recommended in this forum - certainly not recommended by the family) and seek to get your 1.6m registered as a loan against the property. I am highlighting that you should do that - not your girlfriend. If she bucks at agreeing to making this a registered loan - you will certainly have your answer for the future relationship and for any future expenditure.

    As has been repeated many times here, we foreigners can not own property (other than condominiums) in the Philippines but certainly, having already provided the funds you can seek to partially recover from the situation and then in the longer term seek a more controllable future.

    Best of luck.
     
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    Pompolino, 3 Jun 2019
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  7. furriner

    furriner DI Forum Adept Restricted Account

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    And it’s not only the Philippines. Offhand I don’t know any country in this region where expats tend to settle that allows foreign land ownership. Not Thailand I understand; not Vietnam or China. Western countries like mine should reciprocate. Countries that do not permit citizens from country land ownership (should be a fundamental right) should not be permitted to buy land in my country. Is that “racist”? My most humble apologies to any USA democrats who may think so hehe.


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    furriner, 3 Jun 2019
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  8. Notmyrealname

    Notmyrealname DI Forum Luminary Highly Rated Poster Showcase Reviewer

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    I know from a previous posting that not everyone agrees with the idea of reciprocity but I think it may be the only way for governments to treat their 'aliens' in the same way their own citizens are treated abroad as 'immigrants' and, often, later as citizens.
     
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    Notmyrealname, 3 Jun 2019
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  9. IggyPop

    IggyPop DI Member Showcase Reviewer

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    Maybe those Asian countries are afraid the West will buy it all.
     
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    IggyPop, 3 Jun 2019
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  10. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    "I've known for 4 years" "basically trust".
    Seeing as you are American the words here are not getting lost in translation. There are red flags everywhere just from the language you have used.

    How have you "known" this woman? Dating? Online? Friend?

    "Basically" trust? 1.6 million is not something you sign over to someone you "basically" trust. It should be COMPLETELY trust. You shouldn't have to tell anyone, it should be implied.

    "If"? This sentence tells me you actually question if she will be.

    Since you are using, or trying to use, the word "dame" I'm going to assume you are quite old. How old is she?

    Oh no. You're "that guy".

    It seems you have already slipped the noose around your neck. I suppose, if you believe in such a thing, you should be asking a higher power for assistance. Nothing we can do to help you hear.

    Wait...I do recall a case where a foreigner successfully sued a Filipina for estafa (swindling) who did something very similar to him. She is still on the run with the money last I heard but there is a small, albeit infinitesimally small, chance that you could have the courts rule in your favor if she was being dishonest about the relationship to enrich herself.
    Estafa:
    http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm#.XPVU0rcVSh8
    (Scroll way down to Article 315)

    Estafa case (possibly ongoing?):
    https://philippineslifestyle.com/filipina-fraud-swedish-boyfriend-single/
    And more lessons to be learned from this case:
    https://www.philstar.com/the-freema...woman-charged-estafa-denies-claim-against-her
    This is not the case I was referencing earlier. I am almost certain the Foreigner won the estafa case in that instance, and it took place in Manila (Batangas was also somehow involved). Maybe someone else will show some interest and have better luck finding it.

    First thing I would do with this girl is get with the national statistics office and find out if she is married already.

    Do NOT do this. It will not stand up in court. Foreigners cannot own land and forming a corporation to do so is an attempt to circumvent the law. The courts will rule against you just as they have against others in the past. "No law has been more settled in the high courts than foreign land ownership" - paraphrasing the Supreme Court there

    And "3 locals that don't know each other". As if that is some way to stop them from getting together to scheme against you. Any idiot lawyer (or individual without a law degree) can find out the owners of any corporation, it is public information. All one of them has to do is think "gee, I'd like to know more about this corporation I am part owner of, I wonder if I can make some money from it" then a lawyer gets involved, sees you are circumventing the law and then....you're screwed. All it takes is for one brief fleeting moment of critical thinking from any of the local owners to completely screw you over.
     
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    Rye83, 4 Jun 2019
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