Thursday, November 16, 2023

HOW MUCH AND HOW TO TRANSFER A LAND TITLE IN THE PHILIPPINES?




This is the usual question I would encounter whenever talking about the issue of applying for a certificate of Title for new owners.  In this case I am referring in particular to the application for Transfer Certificate of Title  (TCT) or a Condominium Certificate of Title (CCT) at the local Registry of Deeds.


Well, the general answer is it DEPENDS.

DEPENDs on location, size , category, classification, nature of your property.  But usually I advise clients to prepare at least about 10% of the selling price or current zonal value of the property (whichever is higher), for the estimated cost of Title transfer.  Should be safe na kayo dyan.


In Metro Manila, it cost that much, but in the province, it could be less.

In previous article, I discussed in detail the breakdown of the 10% estimated cost to transfer the title to its new owner.  

Please refer to previous post here for added info, or you may pm me for more clarifications.


At your service always,


God bless.


WILMA BV

Wednesday, November 15, 2023

CAN REGISTRY OF DEEDS (ROD) CANCEL A CERTIFICATE OF TITLE?


CAN REGISTRY OF DEEDS (ROD) CANCEL A CERTIFICATE OF TITLE?




The Court may order ROD to cancel a fully issued certificate of Title if it was procured in fraud.


So WHAT constitutes FRAUD?


If a DEED - Deeds of Sale, Donation, Extra Judicial Settlement — is forged, then a fraudulent deed is a nullity and conveys no title (Fulle vs. Legare, 117 Phil.367) …and subsequent transactions are likewise void.


WHAT IS THE RULE on EJS of estate?


According to Rule 74, Section 1 of the Rules of Court, for an extrajudicial settlement to take place, the following criteria must be met: 

— No valid will left by the deceased owner

— No existing debts by the deceased owner. If there are, these must be fully paid. 

— Heirs must be 18 years of age and above.  If not, a judicial or legal agent must represent the minor heirs.


Any deviation to the above, or a certain criteria is missed, then a void title is unavoidable.


And VOID TITLE can be canceled. PERIOD!


Next:  Judicial and Extra Judicial Settlement.


Pm me if anything.


Wilma BV

wilmacookie@gmail.com

———————————————————