Monday, October 8, 2012

Documents That One Should Bring to The Register of Deeds

Conveying Real Property by way of a Deed of Sale requires the following documentary papers:
(for Real properties located in Davao City)


DOCUMENTARY REQUIREMENTS
For the processing of Land Titles
Register of Deeds of Davao City

  1. Transfer Documents-When mode of transfer is by  Deed of Sale
  2. Transfer fee-issued by the LGU Treasurer where the property is located;
  3. Tax Clearance Certificate of the Property subject of Transfer issued by the LGU Treasurer, where the property is located;
  4. Certified Copy of the CurrentTax Declarations of the property subject of transfer;
  5. BIR Certification Authorizing Registration;
  6. BIR Form No. 2000;
  7. Owner’s Cuplicate Certificate of Title;
  8. DAR Clearance and Affidavit of Non-Tenancy
Publication Certificate  of Extrajudicial Partition Settlements that the settlement s has been published for three (3) consecutive weeks in a newspaper of general circulations;

Note: Additional requirements are asked if the following transactions carries with it the following:

1.When the property is subdivided, where a portion goes to the buyer
and the rest as the remaining portion of the Seller, or the parties will divide among themselves the proprty subject of a co-ownership
2. Where adjacent properties subject of transfer are to be consolidated to one
single lot as Lot No. 456-A (600 sqm)and 456-B (500 sqm)
3. When the propErty is one inerited by the Heirs of a deceased parents
4. When propErty was acquired from the  bank or fInancial institutions(MORTGAGED AND FORECLOSED PROPERTIES)  from a local government unit, for properties taken over by the government for the non payment of real properties;


For those who wish to have some transactions with the Register of Deeds in the near future, kindly visit this Office nearest the location of the place where the property you wish to dispose or transfer is located. For properrties located in the jurisdictional area of Davao City, our REGISTER OF DEEDS OFFICE is located at the corner of Pichon Street (Magallanes Street, former name) Davao City

Wednesday, September 12, 2012

Documents That One Should Bring to the Lawyer for Documentations

A)When the Mode of Transfer is by Deed of Sale 1. Verified/Authenticated Tax Identification Number (TIN) (Verification Slip) of the both the Seller and the Buyer; 2.Current Year Community Tax Certificate (Residence Certificate or Cedula of both the Seller and the Buyer; 3.Owner's Copy of the Transfer Certificate of title 4.Owner's copy of the Tax Declarations Note for No. 1. To save time, do not go to your lawyer for documentation of a Sale transactions without the verified TIN duly signed by the BIR Tin Incharge. Payments made for TIN that are no longer active can be accepted as payment by the computer. Note for Nos. 3 and 4. Although, Item Nos. 1, 2 and 3 are basically the documents needed to make a Deed of Sale, No. 4 is helpful, because there are times that the information contained in the Tax Declaration are not the information shown in the Owner's Certificate of title. Being so, there must be a correction to be made first before a Deed of Sale is to be made Nota biene: A) The buyer and the seller must be physically present so that the Deed of Sale shall be signed before the Notary Public. B) AT least two known persons to act as witnesses C) That the contracting parties have all the legal capacities to enter into coontract. The one selling must be the owner, because no one can sell anything that does not belong to him. Unless of course if he is the Authorized Representative of the Property Owner. Under this, he should be provided with Special Power of Attorney, stating principally that he is the authorized party of the Seller/Property Owner and that He is empowered to sale/dispose the property subject of Sale.

Monday, September 3, 2012

Documents That One Should Bring to the BIR

When a Real Property is transferred to the new Owner the Capital Gain Tax (6%) and 1.5% Documentary Stamp Tax are to be paid. To be issued CAR or Certificate Authorizing Registration which is a requirement for the registration and declaration of real properties with the Register of Deeds and the Assessor's office respectively, the following are the requirements to get the Certificate Authorizing Registration. A) When the transaction is a Deed of Sale, the following are the required documents the BIR will require you to bring: 1. Original Copy of the Deed of Absolute Sale/ Document of Transfer. Please bring extra photocopy for the BIR file. 2. Certified Copy of the latest tax declaration of the property subject of transfer This includes the tax declaration of the improvement (building) Note: If the transfer is by Extrajudicial partition, the tax declaration must be a revision nearest the death of the deceased. 3.Xerox copy of the Owner's Certificate of title. Bring the Owner;s copy of the Title for authentication purposes. 4. When there is no building over the property (land) subject of transfer, present a Certificate of No Improvement to the BIR. 5. Confirmation Receipt signed by the Buyer regarding the Purchase price of the property B) Other Documents Required 1. Tax Identification Numbers of the Seller and the Buyer 2. If the one facilitating the processing is not the buyer or the Seller, the person authorized must have a Special Power of Attorney, stating that He is the authorized representative of the Buyer or the Seller. 3. Location Map of the Property subject of Transfer B)When the transaction is that of an Extrajudicial partition 1. Four (4) copies of the Estate Tax Returns 2. Two (2) copies of the Judicial partitions 3. Two (2) Copies Xerox of the title back to back 4. Two (2) copies of the tax declarations of all proeprties of the of the deceased and the wife. If the deceased died long years ago, it must be a tax declaration nearest death of the deceased. 5. Two (2) copies Certificate of No Improvement issued by the Assessor, if there isno building over the property subject of transfer. 6. CPA Certificate if the gross estate is Php 50,000 or more. 7. Two (2) Certificate of Total Landholdings of both the deceased and spouse. 8. Death certificate of the deceased. Office sometimes will issued additional list of documents as a requirements to get certifications, please call this Office before going to save time and money.

Sunday, September 2, 2012

Documents that One Should Bring to the City Treasurer's Office

To get clearance from the City Treasurer's office, you have to bring the following: ONE-Transfer Fee Certificate A) Payment of Transfer Fee 1. Copy of Owner's Certificate of title 2. Tax Declaration of the property subject of Transfer 3. Full payment of the property subject of Transfer 4. Deed of conveyance 5. All Realty tax payments of that property including the current year Notice to the Transacting Public 1. When the subject of sale involves one property, bring all the requirements pertaining only to that property B) To get Tax realty Tax Clearance for a deceased persons, all of his property in his name to include his wife 1. All of the above documents in A from 1 to 5. C) the party requesting must have the following: 1. Residence certificate of the current year 2. TIN 3. Service fee and documentary stamp tax are to be computed by the employee of the Treasurer. Please call this Office and ask for some additional requirements.

Documents That One Should Bring to DAR Office

These are the documents one should bring to DAR to get clearance. Office from time to time issues some guidelines asking some additional documents to get clearance from their office. You are therefore advised to get in touch with the employees of this Office to get an A-1 information about the requirements: 1.Three (c) copies Deed of Conveyance 2. Three (3) copies Certified tax declarations from the City Assessor's Office 3. Three (3) copies of the Owner's Certificate of Title 4. Three (3) copies of Affidavit of Total Landholdings (Transferree) that his total landholdings including the land to be acquired is not more than five (5) hectares 5. three (3) Affidavit of total Landholdings(Transferror) stating that his the land subject of sale is a retention area or a portion of a retention area. 6. Three (3) Certificate of Total Landholdings from the city Assessor (for the Seller) 7. Three (3) Certificate of total landholdings from the City Assessor( for the Buyer) 8 Three (3) Folders and fasteners.