Problem with Our Property

[ortseid5]

Does any one can help me with my problem about our property in the philippines or if theirs a lawyers knows what are the steps i need to follow.

when we were still young my mother put the title of our property as collateral in the bank. then its been foreclose by bank. but last 1998 we are occupying our properly up to now.. then after my mother die, we plan to get the title from the bank because thats the only time that we know the situation of our property. But they say that the title is already transfer to the Arm Forces of the Philippines. So right now its been own by the government.
Can I ask if theirs any way that i can do to regain the ownership of the only piece of land that my mother left us? Do we have the rights to regain it as the previous owner of it.
We fear right now is that their are AFP Personnel Squatting on the area even if they don't go to the proper way of acquire a government property. the only thing that they hold is they being backup by the highest officer of AFP her.

[OHlandlord]

I don't know if I can help you with this. If the property was foreclosed on by a bank, then the bank sold the property to the Armed Forces, there may be nothing that you can do.

It seems strange to me though, that the military allowed you to continue to occupy the house for the last 9 years. I don't know when it was foreclosed upon, nor when it was sold to the military, but usually they clear the property of people soon after they purchase it (usually within 30 days).

I don't know if staying there all these years would give you any rights (like squattors rights) or not. Your best idea would be to see an attorney that deals with property rights and/or real estate law and see what he has to say. Perhaps there is a way to buy it back from the military.

One other question, if you have been and still are occupying the property up to now, why would you wonder if there are military personnel on the property? Have you now left the property?

[ortseid5]

sir ohlandlord thanks for the reply, where still occupying the property, as i have know the bank where my mother put the title is partly or fully own by philippine government. then there is a plan for expansion of the Airport here in our province. so they gathered lots beside the airport from the bank. that is why the lot been transfer to the Armed Forces. But the plan of expansion didnt materialize so the lot became vacant for so many years. I think that also the reason of my mother when she decided to build a house again there.

Sir, I already accepted that we our now quatters to the lot its because of the mistake done by my parents. For now sir I just really need a way how would I re-purchase if ever the property, if it still possible.

Sir I wonder about the military personnel occupaying the property because of the instinct that the property is still ours even thou its not and because they didnt under go the property proceeding of acquiring a government property.

I think if those military personnel is qualified to acquire that lot neither are we as the previous owner and the tenants of it for so many years.

[OHlandlord]

The reason I mentioned squattors is because, as such, you may have developed certain RIGHTS to the property. In some areas of the world and the U.S., you can acquire a right to property by merely staying on it for a period of time. Since you have occupied this property continuously for the last 9 years, that time period may be enough to qualify if there are rights such as these in the Phillipines. There may also be other things you need to do to qualify for these rights to the property. Here, you would have to openly (not hidden) and hostilely (without the owner's permission) use the property for a number of years, and in some places pay the taxes on the property.

You really need to seek the advice of a real estate or property attorney to know what rights may exist in your country. If laws there state that these rights exist, he can direct you to the correct forms to complete to retake possession of the property. You may have to pay the Armed Forces for this property since they are the owners of record. In addition, since you are trying to retake property from a government agency, you will need this attorney to negotiate on your behalf and to deal with local authorities if this house was rebuilt without permission. Please seek the advice of a licensed attorney to proceed correctly. Good luck.

Sir OH landlord thank you for the advice. You are right i really need to seek for a attorney that have knowledge with this kind of problem. Your advice gives me hope that i will still in a way get our property back... once again thank you for the advice

Great advice!

[OHlandlord]

Please let us know the outcome of this once it is settled. Good luck.