Beware of clear title

Last activity 10 December 2022 by bigpearl

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OkieboySerial expat22 July 2022 23:00:14

653

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FredIndonesia Expert22 July 2022 23:09:00

28130

Nice points

Do a lot of expats lose money on property deals out there?

coach53ViP23 July 2022 00:55:51

1564

Nice points
Do a lot of expats lose money on property deals out there?
- @Fred

According to what I have heared its much more common foreigners get scammed by their gf/wife than losing by buying real estates scammed by seller... (In the scammed by seller cases I have heared of the buyers where Filipinos.)

Its common foreigners pay much more than needed though when buying.

Actualy the only scamming of FOREIGNER at the buying I have heared of is this. The LAWYER he hired to check things scammed him. NOT whole, the fireigner got a part with documents in order, but the asked price was for two lots but the lawyer made somehow so foreigner paid both and extra high price, and the lawyer got the other lot for free.

manwonderViP23 July 2022 02:47:44

1901

Omo:

Lots of local property scams/fake land title deeds being presented by these so called land/property "owners" who are able to get both the support of local lawyers/certain govt agencies to "tag along" with them in return for a "kick back".

Best NOT to invest huge sums of money into any kind of land/house purchase/building here.

Btw : 'Squatters' have rights too....

FredIndonesia Expert23 July 2022 03:13:32

28130

Nice points
Do a lot of expats lose money on property deals out there?
- @Fred
According to what I have heared its much more common foreigners get scammed by their gf/wife than losing by buying real estates scammed by seller

- @coach53

Interesting stuff but, even if true, I can't see it stopping any time soon. Just as with all the job scams we see talked about on the forum, there's always another blind/unsuspecting fool/victim to be scammed.

coach53ViP23 July 2022 06:29:50

1564

Nice points
Do a lot of expats lose money on property deals out there?
- @Fred
According to what I have heared its much more common foreigners get scammed by their gf/wife than losing by buying real estates scammed by seller

- @coach53

Interesting stuff but, even if true, I can't see it stopping any time soon. Just as with all the job scams we see talked about on the forum, there's always another blind/unsuspecting fool/victim to be scammed.
- @Fred

Concerning Land GRABBING scams, rich Filipinos including high politicians/officials made CLAIMS of a lot of land, NOT TITLED, and made so it became theirs "legal" too even land which have belonged to poor in generations. Such can be made rather fast if the poor dont fight it and normaly they dont or not even notice. So these scams were initial against poor Filipinos. Then they made such land TITLED FASTER than its possible to make it legal (10 years) so such TITLED land can effect buyers too. It became a big problem at (e g ?) Palawan so NATIONAL DENR HALTED ALL titlings in YEARS during they investigated, but now its open again for titling so I suppouse the main problem is solved.

My business partner's family is victim of such land grabbing scam TRY, but they got assistance by foreigner to contest it. (The case isnt finnished in court yet.)

Most poor just give up by they dont have knowledge or money to contest such land grabbing by themselves. Its RISK such scammed people retaliate at BUYER of such land by they cant reach the real thieves and perhaps dont understand the buyer isnt the thief. This risk can be reduced much by talking with neighbours to get to know who have been LONG time owner. At titles it can be seen how long time since it got changed, but some short time can be legit e g by inheritance, but I dont know if Register of Deeds office tell history of owners before changes. If so its less hard to check by contacting historical owners. Such as forests they perhaps even havent noticed they arent official owner anymore.

manwonderViP23 July 2022 07:05:43

1901

Hmmmm...."Island grab" ....sounds even more interesting

Lotus EaterViP23 July 2022 07:27:27

1560

Omo:
Lots of local property scams/fake land title deeds being presented by these so called land/property "owners" who are able to get both the support of local lawyers/certain govt agencies to "tag along" with them in return for a "kick back".
Best NOT to invest huge sums of money into any kind of land/house purchase/building here.

Btw : 'Squatters' have rights too....

- @manwonder

Yes indeed. Like any business transaction the deal, whether its buying a company, land, or property is only as good as the weakest link. As I have said before on this Forum the whole process of purchasing a major asset like property in the Philippines is the opacity of the market - there is no real transparent pricing mechanism - then you throw in dodgy salesmen, lawyers, middlemen, not to mention the lack of any real redress with the courts if things go tits up.

Many expats who think they have not been scammed probably have - some to a lessor or greater extent.

Even if you do manage to navigate this minefield successfully unexpected problems can arise as one unfortunate member, Teejay, can attest to.

telmano2003New member23 July 2022 07:43:20

Hello, some land was purchased after we were married but the titles are in my wife's name. I would like to add my name. Trying to find a lawyer to help with this if it's possible.

Thanks

OkieboySerial expat23 July 2022 20:17:53

#10

653

@telmano2003 in some areas I have heard the foreigner can have his name on the contract but not on the deed, your wife's part is governed by filipino law in case of her death, her children and parents are first

coach53ViP24 July 2022 05:14:29

#11

1564

@telmano2003 in some areas I have heard the foreigner can have his name on the contract but not on the deed, your wife's part is governed by filipino law in case of her death, her children and parents are first
- @Okieboy

Well. Many officials - and seem to many lawyers too

- dont know the law or make wrong on purpouse as its rather common lawyers do to scam even their client!!!

I havent red if being at the title is told in any law, BUT when married law say spouse have to sign too.

((We thought of buying a real estate with businmess where they didnt live together anymore - and NOT legaly separated otherwice her signing wouldnt be needed - and the wife had moved away rather far. She was found by so,meone knew where she work, but it ended up with the husband didnt want to give the wife her legal part of the selling amount and the wife didnt want to sign without geting her money, so we didnt buy it by it was some other disadvantages with it too so we were close to not buying it anyway but it was the only with such good location at highway reachable from other we had bought allready.))

Parent inheriting before foreign husband several say inspite of its wrong - similar wrong as many say foreigners cant own land. (Foreigners CAN own PART of land through marriage or business, but CANT be the "handler" thats the wife or a Filipino when ius a business.) There can be an exception when the real estate OBVIOUSLY belong only to the wife as it can be if she has INHERITED it, so Filipinos cant lose land which have been in family in generations.

The normal is when inherit then all assets where the dead wife own any are splited like this when no will: (A will can change max 1/4 of a real estate).

First get the spouse the conjugal 50% then the husband and the kids get equal shares of the REST. (Except children born outside marriage get half of what they would have got otherwice.) So the foreigners allways in such common cases get over half and wife's parents and sibblings get NOTHING.

When a foreigner inherit land, then its a time limit how short time he is allowed to own land, to give time to sell or give away.

I havent red the law about exceptions but I red the common situation in detail several years ago back when I studied Philippine laws about real estates and businesses including inheritance in foreigners point of view to get to know what to do for myself.

manwonderViP24 July 2022 07:11:03

#12

1901

Omo :

So with so many ifs/buts/scams/frauds/lies here why would one want to gamble with all his hard earned money with the knowledge that he is buying something that he eventually may not own/or be able to sell?

So if some vacant land that looks cheap enough (do yr math) just go ahead & "land grab it"....& see how long you can live on it without being evicted....10yrs/20yrs?

Still cheaper than renting.

coach53ViP24 July 2022 07:27:46

#13

1564

Omo :
So with so many ifs/buts/scams/frauds/lies here why would one want to gamble with all his hard earned money with the knowledge that he is buying something that he eventually may not own/or be able to sell?
So if some vacant land that looks cheap enough (do yr math) just go ahead & "land grab it"....& see how long you can live on it without being evicted....10yrs/20yrs?
Still cheaper than renting.

- @manwonder

Well. Inland and even some beach lot herctares in provinces cost much less than even a small "western" house, so better try to get land with documents in order before spending any much at improving it e g with a house.

Can be by part owning of TITLED land

or lease of TITLED land, which make foreigner can own WHOLE buildings,

because Titled land have chance to be checked proper as told about by Topic starter.

And then DONT put everything in girlfriend's name

PhilResActive member26 July 2022 06:17:47

#14

Bottom line is unlike other countries where there is title system and title insurance, you have to be very very careful about transfer of whatever you getting, titled land or just "tax declaration" as potential heirs, estate tax, etc., etc., can bite you in the ass up to any transfer and beyond. As to foreigners owning land, I do know that a foreigner can inherit the land (under forced heirship rules I believe not just by a will) but then cannot pass it on, only sell.

But otherwise, the idea that foreigner can own land in the manner most would like, i.e. buying a home to live in and possibly a rental property or two: you can own if w/in the 40% quota of some condominiums that can be legit foreign owned. Otherwise I have no direct knowledge of anyone owning property outright as a foreigner and it is certainly not the intention of the law. There may be some business-use angle mentioned above but not sure that qualifies for what asking about. And of course there may be marital angles.

I have SSRV and to date have never found an investment in real estate that made sense, I rent a very large comfortable house for my family at rather cheap rent compared with anywhere comparable in Asia.

Lothar ScholzActive member10 December 2022 02:30:59

#15

Omo :So with so many ifs/buts/scams/frauds/lies here why would one want to gamble with all his hard earned money with the knowledge that he is buying something that he eventually may not own/or be able to sell?

-@manwonder

Many learned that stocks or bitcoins might be even be more risky to gamble.

I only know, no matter how good our technology becomes. It will never be able to create more land (unless in a few of the tinyest amounts in ultra popular locations).

bigpearlViP10 December 2022 03:19:51

#16

3479

South China sea rings a bell. Seems to work for some countries but should be created in their own territorial waters,,,,, not infringing on others territory. Like Dubai.

Very rare that land/bricks and mortar drop in price.

Cheers, Steve.

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