Transfer of Land Title - House and Lot is fully paid

Hi po,

Good Evening.
I'm seeking legal advice sana regarding our concern in land title transfer. ganito po kasi, fully paid na po ng parents ko ung house and lot na tinitirhan namin for about 19yrs. Pero dun pa po sa original na may-ari nakapangalan. Then ngayon, gusto po sana ng parents ko na ipatransfer na sa kanila ung title. We went to BIR and they said na requirement daw ung Absolute Deed of Sale, we have here the "Deed of Sale with Assumption of Mortgage", BIR said na iba pa daw un, and we have to provide ung absolute nga. Luckily, nahanap pa naman namin ung original owner and pumayag naman sya magpagawa ng Absolute Deed of Sale, ang prob namin is hindi pa rin nya napapagawa ung document until now after a month, hindi rin sya sumasagot sa phone calls, kami na sana papagawa then ipapa-sign na lang sa kanya kaso sabi dun sa law office, need daw nandun physically ung original owner kaso nga nahihirapan kami ma-contact sya. Need na sana kasi namin maprocess agad within 5months or else we will pay another tansfer tax and may penalty na rin ata ung tax declaration of property na hiningi namin sa city hall.

Is there anything we can do to force the original owner to give us what we need? Does she have legal obligation to us?

Hope to receive feedback.

Thank you very much.

Hi creating deed of sale is very simple i have some formats then ipa sign nyo nalang sa previous owner and notarize it.

the problem is not the deed of sale (as a document), the concern lies with the original owner (seller, I suppose) giving hard time to the buyers for the document execution.

I suggest you write a demand letter ( through a lawyer) addressed the owner with threat of a legal action in case he failed to heed your demand.

If you need legal assistance email me at adpr24242000@yahoo.com

Atty K.R.

Quoting Atty K.R. comment of "I suggest you write a demand letter ( through a lawyer) addressed the owner with threat of a legal action in case he failed to heed your demand." I agree with him.  

My question is where is the seller located?  Hope is not outside the Philippines.  Ask also the attorney you have consulted who needed the seller to be present, if it is possible to make the Deed of Absolute Sale basing the info on the previous deed of sale with assumption of mortgate and send it by registered postal mail or express delivery mail for the seller to sign it with  a copy of a valid ID with the seller's signature and picture on the ID, then notarize it when returned.  Or, vice versa you sign first as the buyer and then send it to the seller with your valid ID copy with your picture and signature on the ID, and have it returned to your lawyer to notarize it.  Or, if the seller is only somewhere here in the Philippines, have the Deed of Absolute Sale made by your lawyer and present it directly, personally and probably in a public attorney's office for notarization.  Be sure you have the necessary ID's, documents, etc. with you should you go to see the seller personally to sign it infront of a public attorney's office (PAO).  I opined that the seller may, repeat may want to increase or add more money to your previous agreement that he/she is giving your hard times in the execution of the required document.

Note:  I am not a lawyer, but just an ordinary personal sharing my opinion and experience that maybe helpful to your problem.

Thanks for your replies.
So pwede po pala na kami na lang gumawa ng deed of absolute sale since may nakikita rin naman ako samples sa internet. Then parang patterned na lang sya dun sa may deed of sale with assumption of mortgage then have it signed by the original owner.? Is it safe ba na ganun ung gagawin namin? If kami kami, mas gusto namin na ganun nalang so wala na reason ung original owner not to sign, and ok din naman sa kanya kng ganun ung mangyayari, less effort na rin on her side. Do we need to print it on a specific type of paper?

The form of a document does not depend on the size of the paper - whether long, short or A4, what is material is the fact that the Deed or the Contract itself contains the particulars and specifics laid down by law to make it valid and binding.

There are forms in the internet that you could download, copy and paste. But be sure the parties sign the deed of sale with assumption of mortgage in the presence of one another.

Thanks