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land mortgage law in the PHILIPPINES

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1 land mortgage law in the PHILIPPINES on Wed Aug 01, 2018 1:36 pm

Jezmel


Arresto Menor
Hello po, good day to all.
I would like to ask for some advices.
We have bought a land way back 2015. ( we happened to be the 3rd buyer from the owner)
Early this year, we processed for a subdivision or division of the lot. We went to DENR to comply all the requirements then it come to a point that they ask us for the tracer (from municipal assessor) and A & D(from their respective office)
It shows there that the owner of the lot from 1971 tax declaration is differrent from the claimant of the lot stated in the A & D. So we trace back everything. The only suggestion they gave is to ask for AFFIDAVIT OF ADJOINING OWNERS from the owners of the adjacent lots AND/OR AFFIDAVIT OF WAIVER AND QUITCLAIM from the claimant or from the heirs of the claimant.

What happened was the adjacent lots owner refuse to give or sign AFFIDAVIT OF ADJOINING OWNERS and the heirs refused to sign AFFIDAVIT OF WAIVER AND QUITCLAIM.

According to one of the heirs, they were the original owner of the said lot. but then their grandfather (claimant) use the land as mortgage to a specific man (OWNER STATED IN TAX DECLARATION 1971). Their grandfather died  before 1971.

How can we continue with the division of the lot without having those affidavits?
Do the heirs can get the land back?

I hope you can help me with this matter.

Thank you and God bless us all.

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