Steps and Procedures in Transferring a Title in the Philippines

Posted in Guides on September 16th, 2010 by admin | 23 comments
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Steps and Procedures in Transferring a Title in the Philippines

Agency Activity Requirements Duration
1. Local Attorney Notarization Deed of Absolute Sale (DOAS) few minutes
2. Assessors Office Affidavit of No Improvement (if there is no house built on the land) Tax Declaration, Photocopy of DOAS, Residence Certificate 1 Day
3. Land Tax Division Order of Payment Land Tax Receipt, Tax Declaration 1 Day
4. Assessors Office Payment of Transfer Tax Two Sets of DOAS and tax declaration (photocopy) 1 day
5. BIR Payment of Documentary Stamps and Expanded Withholding Tax (EWT) Title, Affidavit of No Improvement, certificate of no improvement, tax declaration, tax receipt 30 days
6. Register of Deeds Registration of Title Original copies of title/s, DOAS with stamp, doc stamp receipt, EWT receipt, tax clearance, transfer tax, tax declaration 5 days
7. Assessors Office Request for a new copy of tax declaration of the lot or house and lot under the buyer’s name Photocopy of new title, DOAS, transfrer tax, tax declaration, tax receipt, tax clearance 1 day

Source: Real Estate in the Philippines by Edward L. Tan (buy his book today!)

  • maria sandoval says:

    Hi,

    Am trying to buy a farm property in Batangas but I was told that the seller’s right to the property is still with the mother title. Is it safe to buy a property that is still connected to the mother title, what are the procedures that has to be made in order to do the separation of a lot from the mother title and how long does it take to process it? Who should bear the expenses in doing so? Who should settle the unpaid property tax if there is any? if these are not settled, will that affect the transfer of title? I would appreciate your ideas on this.

    Sincerely,

    Maria

  • admin says:

    NO, don’t buy it yet till you have the separate title for your farm property. The Register Of Deed ( RD ) in the municipality where the farm is located will know the procedure. Once you have the individual title, the buyer should pay for the transfer fee plus all related expenses such DST, Registration Fee, Assessor’s Office new tax declaration, to transfer the title to his name. The seller or owner should pay first all real estate taxes (RPT) due and the capital gain tax (CGT).

  • Gee Flowers says:

    I purchased a house & lot in Cebu City in 2005. We did not get into contract signing w/this developer. Upon my payment of the reservation fee, I was only given the quotation sheet where I signed and the developer’s rep signed. I have fully paid the property in July this year but have not yet received the title to the property. I need the title to get a bank loan and improve (extend) the house. I have been approved by a local bank in April 2010 but cant get the money released because of the absence of the title. What are my options? Sue the developer? How long, do you think, will the case be adjudicated? I am helpless. Had I known that this deal will end up this way, I should have not decided to buy the property from that developer, in the first place. What are your thoughts?

  • Merwylle Branch says:

    Hi,
    I bought a house & lot 2 yrs ago but have not transferred the title in my name yet. I am currently working on my US citizenship and I am planning to transfer the title of the house on my name after I’m a US citizen. Is it still ok to do the transferring after my citizenship? Since I bought the house & lot two yrs ago.

  • admin says:

    It’s better to transfer the title before becoming US citizen unless you’ll be working for dual citizenship status.

  • mars amarillento says:

    Hi,

    My father wants to divide and transfer a lot (with house) to me and my brother. The title is in my father’s name and my mother died 2 years ago. What is the best way for us to do it?
    Thanks

  • Suzette Rosos says:

    Hello! My father inhereted a property from his aunt and he offered that I can have a title made under my name. I am currently residing in the US and am not sure what I need to do or what the requirements / costs are .

    I want to have a house built on the property but want to make sure that it is under my name first.

    Please advise. Your help is greatly appreciated. Suzette

  • admin says:

    Hi Mars:

    You have to check with the treasurer’s office, assessor’s office and the registry of deeds of the local government office/municipal hall where the property is located. You will be properly guided on how to proceed with the transfer.

    God Bless,

    Virgilio

  • admin says:

    Hi Suzette:

    You have to instruct your father or any of your relatives you could trust to go to the local government/municipal hall where the property is located and discuss the transfer of property under your name with the Register Of Deeds, Treasurer’s Office and Assessor’s Office. They will definitely inform you on the steps to take regarding the transfer and the taxes/fees you’ll have to pay. The requirements may be tedious but the costs of transfer is very reasonable and usual.

    Good Luck!

    Virgilio

  • Juliet Gallo says:

    HI,
    I bought a land 3 years ago but last july last year i arranged a lady who can do the paper works for me for transferring the land tittle to the parcel of land i bought from my cousin which was their parents were both deceased. I want to know if what is the difference between the capital gain tax and estate tax? About the capital gain tax, the lady told me that she paid the capital gain tax(BIR) even i have no TIN number, is this possible or no? I hope you can help me about this matter.

    Thanks,
    Juliet

  • admin says:

    Hi Juliet:

    Capital Gain Tax : tax imposed on the gains presumed to have been realized by the seller from the sale, exchange, or other disposition of capital assets located in the Philippines, including pacto de retro sale and other forms of conditional sale.

    Estate Tax: tax on the right of the deceased person to transmit his or her estate to his or her lawful heirs or beneficiaries at the time of death and on certain transfers which are made by law as equivalent to testamentary disposition.

    You have to personally check with BIR regarding your question on payment of Capital Gain Tax even if you don’t have TIN .

    Regards,

    Virgilio

  • Maricel Rahiol Planas says:

    Is it possible that my mother will arrange the application of transfer of land title in my name since I am now staying outside the Philippines.

    Regards,
    Maricel

  • admin says:

    Hi Maricel:

    Your mother could donate the property to you and pay a donation fee. He could not just transfer it under your name without the concurrence of your other siblings and your father of course as inherited property.

    God Bless,

    Virgilio

  • juliet says:

    Hi,
    We have availed of Pag-Ibig housing loan. We’ve paid the 2010 tax but was not able to pay the 2011 tax due to financial constraints. The developer told us to pay the 2011 tax so they could process the title. We told the developer that we will pay the tax this first week of April because we’re still waiting for our salary though we knew it is already past due the tax schedule. They then told us that if we could not pay the 2011 tax asap, we would be the one to process the papers because they could not wait for us. My concerns are:
    - who is responsible for the processing of the title if the property is still under pag-ibig loan?
    - could the developer really pass on the responsibility of processing the title to us?
    I would appreciate your shedding light on these matters.

    Thanks,
    juliet

  • admin says:

    Hi Juliet:

    I will assume that you are already occupying the house since 2010 and paid the the real property tax (RPT) with the treasurer’s office of the municipal hall of the local government. Is this so? You are not supposed to pay the RPT to the developer. The TCT is already under your name but mortgaged to Pag-ibig. After full payment of the Pag-ibig loan, the TCT will be given to you. You will have to bring it to the Registry Of Deeds so that the notation…mortgaged with Pag-ibig could be removed or erased.

    You could pay the RPT for 2011 when you have the money but with surcharge.

    God Bless,

    Virgilio

  • Ricky Manuel says:

    I’m buying piece a land in Batangas on a downpayment and installment basis. I’ll enter into a conditional sale agreement. Is there a way to guarantee that the Seller will never sell or pawn the said land to any entity until I complete payment of the total purchase price?

  • admin says:

    Hi Ricky:
    Please consult a lawyer on how to protect yourself.
    God Bless,
    Virgilio

  • KC Casimiro says:

    hi! i have availed PAGIBIG loan last sept 2009 for purchasing my condo unit. i haven’t occupied the said unit even if it is already ready for occupancy. i am currently having difficulty in paying the monthly amortization because of the prevailing economic crisis in the country. is there any way possible for me to just sell the said unit, even if the unit is not yet transferred to my name? if not, when can i have the option to sell the unit? thank you very much!

  • Maricel C. Quiogue says:

    Is it safe to buy a lot even if there is a house property built there with people staying also not related to the owner but they are dwelling for a very long time?

    Is approval of those people presently residing in the house required?

  • admin says:

    Hi Maricel:

    It’s difficult to buy a property with an illegal occupants because you have to take care of ejecting them with the help of the court order and a sheriff or pay the illegal occupants a certain amount of money if they agree and vacant the property.

    Regards,

    Virgilio

  • admin says:

    Hi KC:

    Yes, you could sell your condo unit if the buyer is willing to assume the remaining balance and also agree to pay you what you had paid already since Sept 2009 plus a little interest.

    God Bless,

    Virgilio

  • Michael Guzman says:

    My Moms’cousin recently called and informed us of a property under my Grandfather’s name. She was trying to convince my Mom to give them half of the property, since they have been paying for the taxes all along. What makes this interesting is that my G’pa passed away in 1989. He was survived by my G’ma and my Mom, who is the only child. We left the Philippine in 1991, and was not aware of this property. Eventually my G’ma passed away 2 years ago, in 2009,so that makes my Mom the only family alive. Also, they have been using the land for their business, which is a QUARRY, AND WITHHELD ALL INFORMATION UNTIL NOW. What can we do in this case?

  • admin says:

    Hello Michael, I suggest you consult with a lawyer as this is already too complicated for a realtor. Look for a lawyer-realtor to better understand your plight. Thank you and God bless! – Vir

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