LTO alarm - onwership transfer

good day po, patulong naman. Di po namin maparegister ang sasakyan na binili namin because of an LTO alarm. Yung previous owner, gusto nya ipalipat muna sa amin ang ownership ng sasakyan. Ok lang naman po sana kung binigyan nya kami ng deed of sale kaso hindi naman so paano namin gagawin un?

may kwento din kasi behind this issue. we got the car as collateral nung nanghiram ang asawa ni owner. (nsa abroad c owner when it happened) pagdating nya, nagalit cya kasi di nya alam and told us na nagtake advantage daw kami. he refused to return our money so hindi din muna namin sinoli ang car. tinigil nya ung ammortization kaya dinemanda cya ng bank. It was when he told us na kami na ang magfullpayment - maclear ang name nya at sa amin na ang car. magbibigay daw cya ng deed of sale pag fully paid na. pero hindi nya ginawa after namin magsetlle tapos cya pa ang may gana magpa alarm kaya di kami mkarehistro!

Gusto na po namin mag file ng case against the owner para makabawi na rin sa ginagawa nya at makasecure ng deed of sale & SPA (to get orig docs from the bank)

Question po is, what case/s can/should we file po and how do we go about it? and magastos po kaya un?

pls. advice.. thank you

do you have a contract stating this agreement?

yes we have po. 2 pa, initial agreement and then extension. btw po, the owner endorsed us to the bank, he sent a deed of conveyance to the bank para i-accomodate kami and for us to be able to get orig docs. hindi lang po honor ng bank yung conveyance kasi he was in australia that time and they need a consularized document daw. what happened lang is yung bayaran, the receipts shows received from us fao:owner

thank you po ha..

we are entertaining the idea po talaga na magfile na ng kaso. Di lang po namin alam kung paano and sana may idea kami how much.

also sir/mam, meron po ba ditong pwede namin kunin to represent us? we understand naman na ginagastusan talga ang mga ganito, gusto lang muna namin sana malaman what case to file

and after he returned from australia, he now refuses?

yes po. even before, we had a feeling na he will not give us anything kasi nga galit cya. all he was after, eh yung maclear ang name nya. di na nakipag communicate after namin magfullpayment pra sa utang nya.

we called the bank and they said wala pa daw motion for dismissal yung case against him. Replevin case daw un. Unfornately, the bank cannot give us anything, they are encouraging us to file a case na lang. but what to file nga po?

all we want lang naman is makuha ang deed of sale at SPA for the release of the orig docs. or a way, para mapatransfer namin to us ang ownership kung hindi siya talaga magbibigay.

help naman po.. gusto na po namin talagang mag legal kasi we think wala ng ibang paraan.

add ko po pala, pero verbal lang ito. (we corrsponded thru email nung time na inaayos ang bayaran) he asked us for 150,000 additional para magbigay cya ng deed. we refused to give po.

the first step would be send a demand letter. I would inform him that he can be made liable for any accident that the car is involved because it is still in his name.

hasn't the writ of replevin been lifted? you should manifest to that court that the bank entered into an agreement with you and the case should be dismissed.

your remedy is to file a complaint for confirmation of sale or specific performance. the court can confirm that a sale was conducted and order the LTO to transfer registration.

noted po. we'll send demand letter via registered mail immediately.

di ko po alam if lifted na or not, basta i was told na hindi pa dismissed. i don't know if it is the same thing po.

by manifesting to court, ibig po ba sabihin we just walk in there or we should already have a lawyer who will do this for us?

at ska po, expensive ba magfile ng ganitong complaint? ung attorney's fees po we have an idea na how much. yung pagfile ng case ang hindi po namin alam.

thank you po ulit for the replies

a manifestation is a document informing the court. i would recommend you have a lawyer do this for you.

cost will depend which lawyer you retain.