Buying land in the Philippines

[Stevephoto 224]

Mabuhay!

 

This is a similar question to a recent thread, but I did not want to "hijack" that thread. Joan and I are looking at buying a small plot of land in Malolos, Bulacan. The current land owner is close to the family and will keep/build on part of the land (so less worry about squatters). Title is currently in his name and unencumbered with liens. It would cost almost as much to go over and deal with the transaction as it would to buy the land. We are also aware of the many steps involved and all of the offices to visit to "git 'er done!" FYI Joan is currently US Citizen and has not yet claimed/reclaimed dual citizenship. I am fully aware that that I am not eligible to buy land in the Phils and that title will be solely in Joan's name--even as an ex-pat. So, with that, here are some specific questions:

 

Can we name our father as a special "power off attorney" to deal with the transaction in Joan's name?

How do we do that even if we can?

What would be an appropriate "fee" to pay such a power of attorney (if it was not a family member)?

What kind of "ID" would he need to complete the transactions?

Are there any disadvantages to Joan not having Filipino citizenship for this transaction (the land is well under the ex-pat limit)?

I am thinking that a bank to bank transfer is the way to go ($6,000.00) versus Remitly, etc. Any thoughts?

 

Salamat

[Cyberfx1024 7,978]

27 minutes ago, Stevephoto said:

Mabuhay!

 

This is a similar question to a recent thread, but I did not want to "hijack" that thread. Joan and I are looking at buying a small plot of land in Malolos, Bulacan. The current land owner is close to the family and will keep/build on part of the land (so less worry about squatters). Title is currently in his name and unencumbered with liens. It would cost almost as much to go over and deal with the transaction as it would to buy the land. We are also aware of the many steps involved and all of the offices to visit to "git 'er done!" FYI Joan is currently US Citizen and has not yet claimed/reclaimed dual citizenship. I am fully aware that that I am not eligible to buy land in the Phils and that title will be solely in Joan's name--even as an ex-pat. So, with that, here are some specific questions:

 

Can we name our father as a special "power off attorney" to deal with the transaction in Joan's name?

How do we do that even if we can?

What would be an appropriate "fee" to pay such a power of attorney (if it was not a family member)?

What kind of "ID" would he need to complete the transactions?

Are there any disadvantages to Joan not having Filipino citizenship for this transaction (the land is well under the ex-pat limit)?

I am thinking that a bank to bank transfer is the way to go ($6,000.00) versus Remitly, etc. Any thoughts?

 

Salamat

Yes, you can have a family member buy/sell land for you using a special power of attorney(POA) to do this. I know this for a fact because we did this earlier this year selling some land we had there that was in my asawa's name. So luckily we knew of a Filipino law firm that is able to draw up documents accepted in both the Philippines and the USA, so we went there and had them do a POA for my wife and allow her sister to handle everything there. We then were able to send it by email and LBC to the attorney. 

 

I don't know about the attorney fee but I know they charge more to do simple stuff over there.

Does your family member have ID at all? Ask the attorney what ID she needs from your asawa because I don't know in this case. 

I think that because technically by Philippine law she is not a citizen na so she can't have it in her name, you can ask the attorney but I am pretty sure in that regard. So you might have to put it in family members name until at a later date. 

Bank to bank transfer would be best yes. 

[Stevephoto 224]

15 minutes ago, cyberfx1024 said:

I don't know about the attorney fee but I know they charge more to do simple stuff over there.

 

Salamat! Sorry, I don't mean "attorney" as in lawyer---bad choice of words here...I meant hat would be an appropriate "fee" to offer someone to run around and do all of the necessary leg work for us.(in this case our father....but looking for an idea as if it wasn't family).

 

I thought I had read that she can still own land, but it is limited to one lot in an area and under a certain size.

Edited October 19, 2017 by Stevephoto
Typo

[Hank_ 9,173]

52 minutes ago, Stevephoto said:

Mabuhay!

 

This is a similar question to a recent thread, but I did not want to "hijack" that thread. Joan and I are looking at buying a small plot of land in Malolos, Bulacan. The current land owner is close to the family and will keep/build on part of the land (so less worry about squatters). Title is currently in his name and unencumbered** with liens. It would cost almost as much to go over and deal with the transaction as it would to buy the land. We are also aware of the many steps involved and all of the offices to visit to "git 'er done!" FYI Joan is currently US Citizen and has not yet claimed/reclaimed dual citizenship***. I am fully aware that that I am not eligible to buy land in the Phils and that title will be solely in Joan's name--even as an ex-pat. So, with that, here are some specific questions:

 

Can we name our father as a special "power off attorney" to deal with the transaction in Joan's name?  YES  sort of... just not sure of the imitations (for us we gave an SPA for the person to "walk the papers from BIR to R-D, to the next dept, then back to whatever one missed something... well you get the idea. The SPA also gave them permission to pickup the completed deed from R-D.     Joan may have to actually sign the Extrajudical Sale of Land... don't think this can be handled by SPA.

How do we do that even if we can?   Have an attorney draft the SPA, make sure to be clear on the wording as what is allowed.

What would be an appropriate "fee" to pay such a power of attorney (if it was not a family member)?  Fee for the person handling your "paperwork" or the attorney?   For Joan's dad?  Whatever is fair, plus expenses.

What kind of "ID" would he need to complete the transactions? Valid picture ID.

Are there any disadvantages to Joan not having Filipino citizenship for this transaction (the land is well under the ex-pat limit)?  "ex-pat"???    No disadvantages.

I am thinking that a bank to bank transfer is the way to go ($6,000.00) versus Remitly, etc. Any thoughts? Once over $3,000 ($2,500 actually) a wire transfer is cheaper (but we covered this one ) 

 

Salamat

**  You want to make sure the last page of the deed does not have any encumbrance listed, including the one relating to family, relatives and inheritance.  None listed.

 

*** Even without Joan being a dual citizen she can own up to 1,000 sq.m. of urban property.   Rural is a few hectares.

 

[Chris Duffy 1,256]

I did a land/house transaction back in 2010.  Had an attorney who used to work for the family law firm.  Trusted her yes, but still it was a gamble.

 

I wired the money via bank to bank and let her handle everything, I can't remember who much I paid her for handling the transaction, but make sure you get that handled up front as well so there are no hurt feelings.

 

[Stevephoto 224]

10 hours ago, Hank_ said:

**  You want to make sure the last page of the deed does not have any encumbrance listed, including the one relating to family, relatives and inheritance.  None listed.

 

*** Even without Joan being a dual citizen she can own up to 1,000 sq.m. of urban property.   Rural is a few hectares.

 

Salamat Hank! Joan saw the title. She said it is clean. A surveyor was supposedly hired to mark the land that is for sale. I thought 1,000 sq. m. was right. The land that we are looking at is much smaller, but a start!

Edited October 19, 2017 by Stevephoto
More information

[Stevephoto 224]

5 hours ago, Chris Duffy said:

I did a land/house transaction back in 2010.  Had an attorney who used to work for the family law firm.  Trusted her yes, but still it was a gamble.

 

I wired the money via bank to bank and let her handle everything, I can't remember who much I paid her for handling the transaction, but make sure you get that handled up front as well so there are no hurt feelings.

 

Salamat!

[RO_AH 1,615]

14 hours ago, Stevephoto said:

FYI Joan is currently US Citizen and has not yet claimed/reclaimed dual citizenship.

Why hasn't she done it yet? We have an embassy here 

I have good friends in Malolos (actually now in Paombong). We will be neighbors when I finally move there, We will be in Baliuag, Bulacan. Keep us posted how it all works out, I plan to buy a lot in the next few years.

[Chris Duffy 1,256]

This is one reason why the PHilippines will remain in the dark ages and stay 3rd world due to all the corruption and not let people from abroad to invest and buy land in Philippines.

 

 

 

[Cyberfx1024 7,978]

3 hours ago, Chris Duffy said:

This is one reason why the PHilippines will remain in the dark ages and stay 3rd world due to all the corruption and not let people from abroad to invest and buy land in Philippines.

 

 

 

Pretty much from what I have seen they look the other ways for the Tsinoys to do this but if was a Kano they would be up in arms. I keep telling my asawa that she should learn Mandarin, because it's the language of their future masters.

[Hank_ 9,173]

China would "own" more of the Philippines then it does if foreigners were allowed to buy land.

 

I many times think the USA should limit foreign investors from buying land

 

... but I digress.

[Cyberfx1024 7,978]

1 hour ago, Hank_ said:

China would "own" more of the Philippines then it does if foreigners were allowed to buy land.

 

I many times think the USA should limit foreign investors from buying land

 

... but I digress.

Now that you said that your right on both accords. 

[Stevephoto 224]

23 hours ago, RO_AH said:

Why hasn't she done it yet? We have an embassy here 

I have good friends in Malolos (actually now in Paombong). We will be neighbors when I finally move there, We will be in Baliuag, Bulacan. Keep us posted how it all works out, I plan to buy a lot in the next few years.

It is on the list!!! Neighbors in Hawaii and in the Phils! Sweet!

[Chris Duffy 1,256]

19 hours ago, cyberfx1024 said:

Pretty much from what I have seen they look the other ways for the Tsinoys to do this but if was a Kano they would be up in arms. I keep telling my asawa that she should learn Mandarin, because it's the language of their future masters.

Exactly

 

I have said the same thing more than once.