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Change Original Certificate of Title

Discussion in '☋ General Chat ☋' started by benbronswijk, Jul 29, 2009.

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  1. benbronswijk

    benbronswijk DI Junior Member

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    Hello everybody,

    Long time ago we bought the rights of 1/35 share of a large amount of ground located in Bacong. The last change of the Original Certificate of title was in 1941. The owner at that time is already dead, and also her 7 childs (heirs). Now that lot has many owners, but nobody of them has a cadastral record of it. We bought the rights from my wife her mother. We did it by notary document, this is OK, but the layer told us it will be better to put my wife her name in the Original Certificate of Title. How can we do this? Do we need a lawyer again or can we do it by ourself? Which office will handle this?

    Ben
     
  2. firefly

    firefly DI Senior Member

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    In theory you can do the whole thing yourself, but in the Philippines they use the saying "why make it easy if you can make it dificult"
    So first you will need a deed of sale wich must be in exactly the same words as what they are used to, so if you can copy a sample and change the coordinates you may do the rest yourself if you have a lot of time (6 months or more)
    Perhaps it is better to contact a lawyer or notary public to get started.
    You will need a notary anyway to get the papers notarized among 4 or 5 other offices for more stamps and more signatures.
    For an easy transfer of tittle a lawyer will charge you 10 % of the value but if it is more complicated the fee of the lawyer will go up accordingly.
     
  3. OP
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    benbronswijk

    benbronswijk DI Junior Member

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    Hello firefly,

    Thank you for the information.

    What do you mean with Deed of Sale? Is it deed of sale for the lot or the house?

    We already have a deed of quitclaim for the rights of the lot and a deed of sale for the house. What we need is a change in the Original Certificate of Title.

    Ben
     
  4. firefly

    firefly DI Senior Member

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    Benbronswijk,
    After the original owner passed away, the heirs should have registered their rights.
    In most developped country's you have no choise to do so or the government will do it for you and send you the bill.
    In the Philippines people "forget" to pay their inheritance taxes and it goes on for many generations, in the meantime taxes and penalty's pile up untill the value of a property is less than the value of the taxes and penalty's altogether.
    Maybe you are in such a situation and maybe you will be the first (and only) to solve this problem because the other "owners" might be "absent" when it comes to pay for a situation that went wrong for many decades.
    First you should find out the complete picture.
    If you think that there is no problem looming at the horizon you might go with your deed of sale signed by seller and buyer in the presence of 2 withnesses (placed a paraf on each page of the deed of sale) to a notary public to register this deed of sale.
    This notary has a fixed price for wathever service he (or she) is doiing.
    But be prepared that this notary will fix the whole picture and then it might be as expensive as with a lawyer.
    Anyway you can always ask how much it will cost, only registration costs about 1500 pesos and the whole procedure with a tittle as result something like 10 % of the value of the property.
    Hope you find an exit in this (seems to me) spiderweb
     
  5. OP
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    benbronswijk

    benbronswijk DI Junior Member

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    What you write is thrue. This lot has now maybe 50 or 100 owners, and the most of them don't know it. Also the lots are too small for make a cadastral record. Thats why we can not get a cadastral record and we bought only the wrights of a heir. The documents are already signed and registered by a notary public. The only thing we have to do is to put our name in the Original Certificate of Title.

    Maybe a good idee to give it to a lawyer.

    Ben
     
  6. Kenny

    Kenny DI Forum Adept

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    You really need a lawyer!
     
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    benbronswijk

    benbronswijk DI Junior Member

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    OK, who is a good laywer in Dumaguete?
     
  8. firefly

    firefly DI Senior Member

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    Good question, difficult answer.
    Good but very expensive lawyer is Palma, his office is in the same building as Smart telecom, 1st floor, entrance at the side of the building.
    I also reed good comments of Maxino, his office is in the same building as Plaza Maria Luisa suites in Legaspi street (back off Mc. Donalds)
     
  9. jellyfish

    jellyfish DI Forum Patron

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    Can agree with those mentioned by Firefly, as I have experienced them both.
    Only I did not know that Palma has moved away from the Boulevard.
     
  10. Judelyn Jackson

    Judelyn Jackson DI Junior Member

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    Atty. Paras is also good at it and his Associate Atty. Richard Enojo. Their phone number is 225-7921.
     
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