Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Free Legal Advice Philippines » FREE LEGAL ADVICE » real property was mortgaged

real property was mortgaged

3 posters

Go down  Message [Page 1 of 1]

1real property was mortgaged Empty real property was mortgaged Sun Oct 10, 2010 4:29 pm

wez


Arresto Menor

one of several lands co-owned by four siblings was mortgaged by one of the co-owners without the consent of the other 3 co-owners. The land which is earning fruits was mortgaged by the one to his mother-in-law. The income is going to the pocket of the mother-in-law as the mortgagee. May the other 3 co-owners who did not consent have it (the mortgage) declared void?

2real property was mortgaged Empty Re: real property was mortgaged Sun Oct 10, 2010 7:52 pm

attyLLL


moderator

i am assuming that the title is in the name of these 4 siblings.

do each of the siblings have individual owner's duplicates of the title? was the title inscribed with the mortgage? why did the one sibling have possession of the title?

a co-owner can mortgage only his undivided share, so it is valid as to him and his share of the property, but not as against the other owners.

https://www.facebook.com/BPOEmployeeAdvocate/

3real property was mortgaged Empty Re: real property was mortgaged Mon Oct 11, 2010 10:14 am

wez


Arresto Menor

Salamat attyLLL. Wala pang titulo, tax declaration lang nasa kanya (yung nagsanla) yung mga papeles kasi sya nasa probinsya. May pinirmahan daw kontrata ng sanglaan.

4real property was mortgaged Empty Re: real property was mortgaged Mon Oct 11, 2010 9:04 pm

calvinshardy09


Arresto Menor

States have different rules when it comes to real property, record a lien priority lien must be recorded so that the owners preferred claim.However, many countries in accordance with the general rule that the first priority record

5real property was mortgaged Empty Re: real property was mortgaged Tue Oct 12, 2010 11:16 pm

attyLLL


moderator

wez, again. a co-owner can only mortgage his own share. the other co-owners can question the mortgage. good luck.

https://www.facebook.com/BPOEmployeeAdvocate/

Sponsored content



Back to top  Message [Page 1 of 1]

Free Legal Advice Philippines » FREE LEGAL ADVICE » real property was mortgaged

Permissions in this forum:
You cannot reply to topics in this forum