Finance & Legal Best Posts in Thread: Good Lawyer for real estate agreement

I used Atty Micheal Miquel. Me and a lot of other people here respect him.
When we went to make the wills he said "I don't know if usufruct applies to aliens" and he would look into it. I tend to trust people that do some research as opposed to those with "all the answers". What did annoy (not annoy) me was he made me bring the witnesses to his office for notarial purposes even though he already knew them quit well.
He is a stickler for following the rules. Atty Miguel was commenting that he's been getting a lot of business from foreigners, usually fixing up/ re-writing useless or illegal documents prepared by other lawyers.

I have heard the name Atty Dorado before from friends, they were pleased with him.

 

FYI, there was a more recent court ruling the gives non-phil spouses much more control of the property in case death of the Philippine spouse. Wife and I had our wills done very recently in Dumaguete. The way it works is, Philippine spouse passes away, Foreign spouse is still what is known as “beneficial owner”. Land does NOT revert to wife’s Philippine relatives.

Beneficial Owner:

Lawyer said beneficial owner can sell the land. Wife can no longer run away and take the land with her. Spouses are “beneficial owners” according to our lawyer.


Sent from my iPhone using Tapatalk

 

Hi. It's been a while I wanted to update this thread with my experience for the benefit of all others.

First, thanks to all those who pitched in with their very useful comments. Your advice on this thread triggered me to start a citizenship application for my daughters. PS : I have two daughters with my Filipina gf (we were not married) one is 4 years old and another one was born this February (so she is like 4 months old). I got the citizenship for my first daughter done last year and for my second daughter this last week. In either case, I must say it was a total breeze. You do have to dig up your documents (some old tax returns, pictures and emails showing your relationship to the filipina, pictures, birth certificate, etc..) but all in all it was very straightforward. If you mail all the documents properly and the interview is scheduled promptly. The interview process at the US Embassy at Manila (you do need to go their in person with your Kid and Filipina spouse to make things easy) was a breeze. Basically, takes 1.5 hours max and the actual interview and stuff is only like 20 minutes. We got the Passport and Naturalization Certificate mailed to our house in Dumaguete within 6 weeks for our first daughter. I gave a lot of credit to the US Embassy for making it such a painless hassle-free no-standing-in-line-anywhere experience giving you no reason to procrastinate. Actually, this trip to this Phil was to complete the process for my second daughter and we completed the interview just last week. So, basically, I am done with fathering (two) kids and provided them a US passport and feel mighty good about being such a responsible dad

There is a second separate step after Naturalization/Citizenship to get a Social Security card which involves an in-person application at the embassy as well. I got that done for my first daughter conveniently this week when i went in for the Naturalization interview of the second daughter. Was pretty painless as well. Just one form and a picture. Expect to get the SSN card mailed in a few weeks.

And then, as other members suggested to me on this thread, I will add them as beneficiaries to my social security. I never look at SS very much since I am 46 and still bit away from retirement. But after the prodding of the members on this thread I checked and found that in case of my passing away right now, my daughters are entitled to $2100 pm each which would be a very very tidy sum in the Phil !! Ironically, it seems that they will have a more comfortable life if I am dead than alive lol.

Anyhow, folks can holler at me if they have any questions about this.

 

I was advised by my Attorney who deals in Land matters that the only way I could own land was if my wife passed away as I would 'inherit' it by way of marriage. She stressed that was the ONLY way I could legally own land in the Philippines...

 

If done right, I disagree. The right lawyer would write up a mortgage document for whatever amount the foreigner has invested in the property and then write an agreement where the foreigner gets full use and entitlements to the property in lieu of interest unless and until the loan (plus cost of improvements if any) is repaid and then an irrevocable power of attorney is signed by the "owner" to give the foreigner legal rights to sell the property in order to recoup the mortgaged amount if the "owner" cannot pay the mortgage in a set time (10 years is normal with an option to renew but worst case is if the relationship fails you sell the place before the 10 years are up).

The foreigner never owns the property but has every right to sell it and get his money back at any time he likes.

Ask Atty Mercado for more info. He is in the Grand Royal Spa building near St Paul University

 

Indranilde, some information, if you are interested in getting U.S. Citizenship and social security benefits, for your daughter.
Firstly, when you apply for and begin receiving your own social security your child can also receive half of what you receive monthly. If you are not receiving social security and have U.S. Income, you can claim her as a dependent on your taxes if she has a social security card. So there financial advantages. I pay for my child's private education and medical expenses as well as add to his college fund with his monthly check.
You can apply for a US citizenship and US passport and social security card if you apply for the notification of birth abroad at the Cebu consulate or Manila US embassy.
However, one caveat I believe you will run into is that the embassy will require you to get a DNA test to prove the child is yours, given you are not married to her mother.
If you would like to discuss this more or need help with this, just send me a PM.