Developer asking for Monthly Rental Fee

Hello. Sana may makatulong sa akin dito. Ganito kasi yung situation namin. Last 2013, nag move-in kami sa bagong gawa na townhouse namin sa Lipa, Batangas, ang sabi namin sa developer, kami na ang maglalakad ng HDMF (PAG-IBIG loan) instead na sila so pumayag naman sila. Nilakad namin agad the same year at naapprove naman, meron na kami Notice of Loan Approval from PAG-IBIG, may mga documents na hinihingi sakin ang PAG-IBIG na manggagagaling dapat sa developer like TCT, Title nung lupa etc. so pumunta ako sa office ng subdvision para irequest kaso ang sagot sa akin nung taga office, wala pa daw, hndi pa daw available etc. etc. So lumakad ang panahon, taon until today na hindi ako nagbabayad sa PAG-IBIG kasi technically, hindi natuloy ung loan na finile ko dati kasi nga di makapagbigay si developer ng mga required documents hanggang mag-expired nalang ung application. Last week, may dumating na notice galing sa developer na hinihingian ako ng monthly rental fee starting from the month na lumipat ako sa bahay which was 2013 pa kasi daw hindi ko inayos ung PAG-IBIG loan which is not true kasi ginawa ko yung part ko na ayusin at hindi nila maprovide ung mga requirements ng PAG-IBIG. Gumawa ako ng request letter addressed sa Chairman ng developer para iwaive yung hinihingi nila na monthly rental fee from the date na lumipat ako until today pero disapproved at sabi nya excuse ko lang daw yung documents. Dapat daw nangulit ako sa kanila. Alam nung tao sa office dito sa subdivision kung paano ko sila kinulit about dun sa requirements na yun kasi mag eexpire ung PAG-IBIG application ko kung di nila mapoprovide kaso wala pa din. Sana may someone dito na makapagbigay ng advise kung ano gagawin ko. Thank you and good evening sa lahat.

So you're living in that house rent-free, basically, since 2013.

What you can do is Re-file your application at PagIbig. What is the repercussion of not paying the monthly rental fee? Did you ask? How come they allowed you to process the papers yourself? Were you supposed to pay the taxes at BIR?

Yung house kasi from the start is a case, my father filed a civil and a criminal case (pls dont ask how) against the president of the developer kasi ang agreement was after mabayadan in full ang downpayment, after 4 months icoconstruct ung bahay pero umabot ng 4 years di pa nila nasisimulan so my parents filed a case and we won, the developer gave us the house plus money for the damages made dun sa criminal case part. Nung natapos ung case ang sabi samin nung attorney nung developer, mas maganda daw kami na maglakad ng PAG-IBIG take out kasi kung yung developer, matagal daw yun and we agreed. Nung inaayos na namin, ayun na nangyari di nila maprovide documents needed hanggang umabot ng almost 4 years na di natake-out ng pag ibig. Sabi nila kung di daw kami magcocomply, mag iissue daw sila notice of cancellation  para sa bahay. Di ko tuloy maiwasan isipin na bumabawi sila sa case na nafile ng father ko years ago and everything was planned.

Ah.

What you can do:
1. Refile your housing loan application
2. Re-read the contract to sell and find provisions on penalties for late filing
3. Write to the developer. Ask for time. Explain that you were not given the documents that you need. Attach a copy of the Notice of Approval. Make sure that your letter was received.
4. Go to HLURB and ask for mediation.

Until today, we still have not received the required documents from them. We tried to write a formal request letter straight to the chairman but it was denied with a note from him stating it was just an excuse. We even talked to the chairman personally but the negotiation failed. He said they (developer) paid a lot of money to the bank because we did not do our our part in filing the PAG-IBIG loan. We showed all PAG-IBIG documents that we have as proof that we did our part including the "Notice of Loan Approval" but its like he already made up his mind and his decision cannot be changed. We went to HLURB to seek advise but they said we need to file a complaint so they can summon the other party as well since they cannot comment without hearing their side of the story.

drewtin wrote:We showed all PAG-IBIG documents that we have as proof that we did our part including the "Notice of Loan Approval" but its like he already made up his mind and his decision cannot be changed.

Bullshit! Why would it be impossible for him to change his mind when he see the documents??

drewtin wrote:We went to HLURB to seek advise but they said we need to file a complaint so they can summon the other party as well since they cannot comment without hearing their side of the story.

So file a complaint

The chairman said that we started the process but did not push it, otherwise, it should already been take-out by PAG-IBIG and they had collected the money. We showed the Notice of Loan Approval from PAG-IBIG but he said that's just the first part of the process, he asked for Loan and Mortgage Agreement (LMA) and we we're able to show it as well but he's saying why the pages has not been signed by me and that it has not been notarized and it tells him that we really did not have the initiative to finish the process. I guess I am just afraid to file the complaint to HLURB with all the time, money and stress it will bring and lose at the end but I guess I have no choice.

drewtin wrote:The chairman said that we started the process but did not push it, otherwise, it should already been take-out by PAG-IBIG and they had collected the money. We showed the Notice of Loan Approval from PAG-IBIG but he said that's just the first part of the process, he asked for Loan and Mortgage Agreement (LMA) and we we're able to show it as well but he's saying why the pages has not been signed by me and that it has not been notarized and it tells him that we really did not have the initiative to finish the process. I guess I am just afraid to file the complaint to HLURB with all the time, money and stress it will bring and lose at the end but I guess I have no choice.

Sorry I don't know enough to judge if the chairman have a point.
I suppouse a lawyer need to LOOK at the documents to know if you have a strong case.

You do not need a lawyer when you file a complaint at HLURB. However, the LMA needed to be signed AND notarized. For you not to have done when the NOA was released is also a good question. It seems that both parties are at fault in something.

You have to file a complaint so that HLURB will mediate between the two of you. Good luck.

So we had a meeting with the developer chairman and he wont accept any kind of explanation. We just asked him for some consideration since they also have a fault on their part, he said he's going to review the case in his office and will get back to us. 2 weeks later, we got his response through a postal mail with the letter of cancellation. We were haggling and this is how he responded.

Then go to HLURB. Good luck.

I heard HLURB is very slow when it comes to this kind of cases but I guess I dont have a choice. Is there any kind of criminal case I can file to them about this? That will surely make things faster.