Manila, Philippines

TCT Title Transfer and Annotation Steps

Bucket List: Fully Paid First Home Loan
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18Aug2016 Update: Before investing in real estate, please read this first: Invest in Property PROPERLY.

08Nov2015 Update: Click here for a summarized step-by-step guide

As promised, here are the steps in a TCT transfer and annotation. To get this far in your search, I assume you are now familiar with which home loan provider to get, what the steps are in a home loan, as well as the basic definitions of TCT, title transfer and annotation.

TCT Title Transfer and Annotation Steps

 I am writing this to serve as a friendly guide to you as based from my experience and not as legal or real estate broker advice. Once you’ve read these steps, hopefully you are not lost in the dark when you discuss these matters with your broker/agent/developer. Anyway, it is usually the broker or the developer who facilitates the title transfer, but just the same, it does not hurt to be informed. (Note: CTC transfer might have steps that are not covered in this post.)

1. Prepare the Documents

By this time in your buying-a-property or getting-a-home-loan phase, you should already have copies of most if not all of the documents listed below. Be prepared to photocopy these as you go along the process:

From developer/seller

  • Copies and Original Signed and Notarized Deed of Absolute Sale (DOAS) 
  • Photocopy of Developer License to Sell 
  • Photocopy of Developer Certificate of Registration 
  • Photocopy of Expanded Withholding Tax (EWT) payment

From buyer

  • Certified True Copy of TCT (from Registry of Deeds; this is a photographic copy of the TCT as stored in RD, authentic copy but still not the actual title) 
  • Certified True Copy of Tax Declaration (TD) (there are separate TDs for house and lot; if the seller/developer does not have this, you can get this from your Municipal / City Hall where the real estate taxes for the property get paid)
  •  Tax Clearances: this is different from the TD, a tax clearance basically says that Real Property Tax (RPT) payments on the property (detailed in the TD) are up to date. So it goes without saying that real estate taxes (amilyar) must be paid first before the property is transferred, and before the government releases any taxation document on the property.

2. Pay Taxes with BIR

Of course, a property sale occurred that is why we need to transfer the TCT, and of course there will be taxes to pay. Go to the BIR office governing the property you bought, submit the documents outlined above, and pay the following:

  • Documentary Stamp Taxes (DST): depends on the agreement of buyer and seller, sometimes seller shoulders this aside from EWT, sometimes this is split between buyer and seller, sometimes this is fully shouldered by buyer. The set-up is usually documented in the DOAS. This costs 1.5% of property selling price (e.g. Php1M property will have Php15k DST) or it can be higher when the appraised value of the property as deemed by BIR is higher than selling price (which rarely happens). 
  • Expanded Withholding Tax (EWT): this is to be shouldered by the seller / developer as taxes from the sales. Just present the EWT certification you got from the developer. 
  • Other Taxes and Fees: Be prepared to pay some more amount on other taxes and fees such as application fees, stamps fees, certification and documentation fees, etc. Oh by the way, allot some money for photocopying too!


3. Apply for Certificate Authorizing Registration (CAR) with BIR

Once you’ve paid and while you’re still in BIR, submit the documents and all payments to apply for CAR. Basically, the CAR says that BIR is fine with the tax payments, and that buyer/seller may now formally register the sale with the Registry of Deeds. Up until this point, the agreement was just between buyer and seller. Once the CAR is available, even the BIR is amenable with the sale and registration of it in RD. CAR application and release usually lasts for two weeks.

4. Title Transfer at Registry of Deeds

The following documents will be asked by RD prior to transferring the title:

  • CAR from BIR 
  • DOAS
  • Developer Secretary’s Certificate (as proof of who is legally empowered and designated to sign legal documents in behalf of the developer) 
  • DST and EWT payment receipts
  • Tax Clearance and Tax Declarations 
  • Receipts of Real Property Tax (RPT) payments (amilyar)

Once these are submitted, RD reviews them and then they show you the draft of the new TCT (the transferred title that cancels the old one). Once you confirm the details to be encoded therein, you will pay the TCT transfer costs (mine was Php8,700) as well as some fees and stamp charges again. Depending on the RD, title transfers usually last for another two weeks to a month.

5. Transfer of Tax Documents

Fast forward, you now have your property named after you, TCT is now named under you. Congratulations! Now, you need to transfer the other documents as well, namely the tax declarations. Go to the Municipal/City Hall governing the property that is now yours (naks!), and submit the following:

  • Copy of CAR from BIR
  • Copy of DOAS 
  • Copy of old TD under developer/seller’s name: this is so they know which old TD to cancel, supersede and override
  • Copy of Tax Clearance and Real Property Taxes (RPT) Receipt: again, tax payments must be updated!

You will be asked to pay the TCT Transfer Tax (again?!? Yes, this time in Municipal / City Hall level) (mine was Php6,400) and wait for 1-3 days before you get the TDs under your name. Moving forward, in the years to come, it should be your name that you see in the RPT.


6. Annotation

Usually, the bank handles this portion as they need to enforce their claim on your TCT. You just need to make sure that the TCT is finally under your name, as well as the tax documentations. Otherwise, how will the bank document its claim in a TCT that is not yours, or a property with delinquent tax payments right? Depending on the RD, annotations last for a month or so.

There you go. I hope details provided here were able to give you some guidance on the TCT Transfer and Annotation process. Just note that this entails some going back and forth to a number of government offices, so lots of free time or vacation leaves will be needed if you are to do this task yourself. As mentioned above, developers or agencies usually offer this service, of course for a fee on top of all the things you need to pay for, as detailed above.



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 CTC Land Title TCT

207 Responses

  1. Roadsel says:

    Hello Sir,

    We are planning to buy a lot thru bank financing. Concern is seller’s name is not yet in the title but still under developer’s name. This lot was awarded to him by the developer as a commission that’s why he did not transfer it under his name because he will go after on selling the lot anyway. (note that he has a proof of document (reservation application) stating that the lot serves as negotiators fee from the developer signed by seller’s name under buyer section and the president/CEO of the developer.

    One requirement of the bank for home loan is that TCT needs to be under the seller’s name before we can proceed on our application else they will the release of loan will be paid to the developer (which is not ideal as some banks does not want to transact with developers). Only solution I think r maybe you can suggest other options is to transfer the title first under his name then to us. But my another question is How long will it takes to have his name under TCT? only then we can move forward to our bank home loan application.

    Thank you sir! and hoping for your kind response.

    • Geri says:

      hi Roadsel, yes the ideal route is to have the title transferred to the seller first. It might take a few months (3 to 6 with no COVID so maybe 6 to 9 months now) especially in this pandemic. As for banks not wanting to transact with developers, that’s not entirely true as all major banks have a list of accredited developers so they transact regularly with major developers for their home loans etc. Unless the developer we’re talking about here is not a major developer? Still, the route of the bank paying the developer might be the easier route, then just have a signed agreement between the developer and the seller that seller will developer will transfer the money to the seller once the proceeds have been received. Assuming the developer agrees of course and hopefully the seller is still employed with the developer (for easier transasction).

  2. Anonymous says:

    Ano po ibig sabihin ng anotation po?

    • jaqc says:

      Hellow po,

      I am the seller. Title of the unit is Under my name. However, the buyer want na ipa-annotate agad ang title kahit 10yrs. to pay nya ako babayaran.

      ano po kaya neggative impact nun sa akin as a seller?

      Salamat po

      • Admin says:

        If buyer discontinues to pay, you need his signatures to remove the annotation. Better yet iloan na lng ni buyer para transferred na title sa kanya annotated ng bank you get the cash upfront. I’m imagining you will also charge interest sa 10 yrs to pay ni buyer.

      • Admin says:

        Though understandable naman na gusto rin ni buyer na may hold sya sa title hence the annotation. Baka you can ask a lawyer / notary’s help to draft an agreement na in the event that buyer defaults you can release the annotation even without buyer signatures.

        • Neth says:

          Hello Sir, magkano po mababayaran sa mortgage annotation ?example po 1.2M yun loan amount. salamat

          • Admin says:

            Nung time ko po circa 2010 nasa 60k to 80k transfer cost and annotation cost. Kasama na rin transfer taxes. Pag annotation lng smaller dapat. Pero that was 10 years ago

  3. Kim says:

    Hello Sir. Alam nyo po ba actual fee for annotation? Appreciate your response. Thank you.

  4. Maria De Guzman says:

    i bought a land in Cabuyao laguna and is planning to process to land title. How am I going to request for a cancellation of annotation on TCT? what are the requirements and procedures. Thanks.

    • Admin says:

      If the annotation was done by a bank (e.g. mortgaged previously but not fully paid), there should be a release of chattel mortgage from the said bank. Then Registry of Deeds will process the cancellation of annotation but there will be fees.

  5. Anonymous says:

    Hi ! can you kindly please advise how much the cost of annotation ( in case- PAG-IBIG ) ?

    • Admin says:

      Hi. If i recall correctly po it depends sa value ng property to be annotated. But Pag-Ibig should be able to provide a quotation for you.


    hi sir, i already paid the transfer of title amounting to 11k plus since the propert is 1.3M kaya na sa name ko na. But do i really need to pay again for the annotation as per RD? before i submit the other documents to pagibig for the processing of release of check to the seller?thanks

    • Admin says:

      Yes po. Ibang step pa kasi ang annotation. The transfer just means the property is named after you. Annotation will indicate that lender (in your case Pag-ibig) has a claim on the property because you have a loan from them. Once annotation is done, the claim of lender is legalized, that’s the time they have the comfort to release the proceeds.

  7. Maria @ cavite house and lot says:

    It pays to ready up all the needed documents for your title transfer as this is long process and the wait is long too. Be sure to have the patience and budget in transacting the transfer.

  8. Anonymous says:

    Can we annotate a conditional deed of sale on the title?

    • investmentjuan01 says:

      Hmm not sure po. RD will have the final say on this. But given the lengthy process involved in annotation baka they don’t allow this if conditional pa lang or sort of hindi pa final and binding yung sale.

  9. Mariel Balaoro says:

    ok sir thank you.

  10. Geri says:

    Meron pong fee depende sa value nung property. But usually smaller than the transfer costs and taxes na. Sa RD po nyo itanong para maestimate nila.

  11. Anonymous says: if i have a deed of donation to my late uncle then i don’t have money yet to transfer but i want it to be annotated by the RD (register of deeds) is it possible? if yes how and how much will i spend?

  12. Anonymous says:, may I know exacyly what are the steps in annotating a title?

  13. MARISSA PADUA says:

    Hello Sir! May I seek guidance with your expertise. We are planning to buy a residential lot with unfinished house construction. There were footnotes on the property as follows:

    Footnotes Legend:
    Covered with TD (only) not in PDIC’s name/Closed Banks’ name
    With unpaid taxes
    COS Stamped registered by ROD but not annotated in the Tax Declaration

    Hoping for your response with regards to this ,matter.
    Thank you Sir.

    I can be reached thru my email

    • Geri says:

      Hi Marissa, just a disclaimer. I am no expert, I’m not even a licensed real estate broker. Just sharing my limited experiences. From your notes, it seems that the unfinished house construction was financed via a bank loan which has already closed? Nonetheless, you need to check whether the loan still has obligations which you might need to shoulder in case you are the new owner of the property. Unpaid taxes will definitely have to be paid, either by the previous owner, or oftentimes shouldered by the new owner. You may inquire about the outstanding taxes with the city / municipality where the property is located. in the TCT, who is named owner of the property? The seller? Then the bank has annotation which says they have a claim on the property? Usually the tax declaration is the last to be transferred to the new owner, what’s more important is who’s named as the owner in the title.

  14. Juliet says:

    Hi, an owner of a lot in a subdivision in Dasmariñas Cavite is selling his property to me. What are the documents that I need to secure to make sure the property he sells has a clean title? What are the obligations that I need to pay and the seller needs to pay? Who should pay BIR for the Certificate Authorizing Registration. How much money do I need to prepare for all the said documents that needs to be settled? Thank you

    • Geri says:

      Hi Juliet. First step is to do ocular of the property and see if you like it. Then ask for a xerox copy of his tct and check of there are any annotations therein. Then check the duplicate copy of that tct in the registry of deeds to make sure there are no annotations / emcumbrances related to a loan. You might also ask for copies of the real estate property taxes receipts to ensure that property taxes are updated.

      If everything is ok you may proceed with the sale. The capital gains tax is usually 6% of selling price shouldered by the seller but sometimes this is included in the deed of sale for payment of buyer. So it really depends. Othe charges will be transfer taxes, doc stamp taxes, cert of authorized registration etc. No hard and fast rules on who will pay these but most of the time the buyer shoulders these. The charges depend on the property selling price so pls check BIR, ROD and the municipalities / city hall for the charges. Kindly go through our article “How to invest in property PROPERLY” to know more details.

  15. agnes garcia says:

    Good day sir. gusto ko lang po malaman kung na tatakan po kaya ng annotation ang tct ko sa rd. may buyer po ang house and lot namin iminungkahi ng ahente na ipasok sa financing ang pag process tapos bank. Nahikayat po kami na sa akalang mas mabilis ang proseso. but befroe release ng check sa financing naisip po namin mag asawa na para kami ginisa sa sariling mantika ng mga ahente. Na kapirma na kami ng contract sa financing company after 3 days from date of signing release po na ng check, pero hindi na po namin kinuha ung check, dahil napansin namin parang ginamit lang ung TCT nmin ng ahente at broker para magka commission. Nung magback out kami sinisingil ako ng 30k dahil naprocess na raw at natatakan na daw ng annotation sa rd. Totoo po ba na may annotation na yun sa back ng tct namin natatakan na po ba yun sa registry of deeds kahit di namin kinuha yung check. tnx

    • Geri says:

      Maari nga pong ganun ang nangyari, na pinerahan lang kayo. Gusto nyo po ba ibenta yung property ninyo kaya nadala kayo sa sales talk nung ahente? The only way to check po is go to Registry of Deeds and check nyo yung duplicate na copy ng TCT nyo. Dapat parehong kopya ang may annotation – yung owners copy and yung duplicate na copy sa Registry of Deeds. Usually after annotation, hawak ng bank or financing company yung owners copy ng TCT. Kung hawak nyo pa yung TCT may chance na hindi pa na-annotate yung coy ng ROD but go there to be sure. ROD will rely on the signed documents lang kasi to annotate, they will no longer check kung nagkabayaran na yung involved parties kasi obligation na yun ng buyer and seller. The seller should not release the TCT without guarantee of payment.

  16. arlan says: getting hold of the title finally, is it really necessary to provide the final copies of documents to the municipality? what if I did not provide the copies?

    • Geri says:

      Hi arlan, the municipality will use the docs to update the tax declaration documents and the name that will appear in the real estate property tax receipts. Personally, and if you’re OC, i think this should solidify your hold on the property because all docs attached to it are named after you.

  17. Junnell says:

    Hi Sir, I hope you could enlighten me. I got approved for Pag-ibig Housing Loan and I received my NOA last June. I am currently processing the necessary documents. I received my TCT and I do not know who could help me with the annotation in favor of Pag-ibig which is a requirement. Should I go to RD again or should I go to Pag-ibig? Thank you.

    • Geri says:

      Hi Junnel, RD will be the one to do the annotation in favor of Pag Ibig. Just make sure the requirements for annotation are already complete. You may find another article here in our site further detailing the requirements. May you have a richer life.

      • Junnell says: are the documents required for annotation? How will it cost again? I just paid capital gain tax, doc stamps, transfer tax, registration fee, etc.. I even paid a seperate doc stamps for the loan and mortgage agreement and promissory note.. I received the TCT owner’s duplicate copy and I returned it again to RD for annotation..

  18. debbie says:

    Good day Sir/Mam.. Me and my husband bought a house and lot located in a subdivision last April 2013. The seller of the property and I together with my father personally appear at the law office where we signed couple versions of deed of absolute sale. Since we still didn't have the enough money then to process the transfer of title , we are worried that we may end up paying penalties if we will finalized the date of sale and so we agreed that we will just come back once ready and so we are given the copies of the 2 version of DAS.

    My question is, would there be a problem now if i want to pursue the transfer of title, valid pa din po ba yung napirmahan namin dati sa office ng atty or pwde namn po magpagawa ulit ng deed of sale para po d po kmi magbayad ng penalty? gsto ko na po kasi ipalipat pati name sa mga bills and also for legal purposes also. slamat po s response in advance.

    • Geri says:

      Hi Debbie, sorry for the late response. Usually for cases you mentioned, there is no date indicated in the DOAS because that date will be the basis of BIR for assessing the applicable taxes (and penalties, if any). So if there’s no date, then might be okay to put the more recent date. If there is a date already, approach the law office if they can nullify the previous DOAS (assuming it wasn’t notarized yet), then both parties can just agree on executing a new DOAS. Note though we’re not lawyers here so this is just our limited take on the matter.

    • Junnell says: are the documents required for annotation? How will it cost again? I just paid capital gain tax, doc stamps, transfer tax, registration fee, etc.. I even paid a seperate doc stamps for the loan and mortgage agreement and promissory note.. I received the TCT owner’s duplicate copy and I returned it again to RD for annotation..

      • Geri says:

        If i recall correctly, the usual documents needed in the title transfer (Deed of Sale, Reasl Estate property taxes, documents from assessors office) plus the documents showing pag ibig has a claim on the property (loan documents etc). The cost will be a function of the transaction amount in this case the loan amount plus some admin fees. Yes processing the home loan can be costly with all the taxes and fees especially if you’re the one doing the processing. For bank financing, they are the ones who usually do this but for a higher interest of course.

        • Junnell says:

 long do you think it will take to get back my TCT owner’s duplicate copy? And what is TCT RD’s copy? I am the only one who is processing everything, and it’s really hard..

          • Geri says:

            Yes it can really be hard. Just keep in mind that eventually you’ll have a place to call your own. During my time title transfer took 2 to 3 months then the annotation another month but that was 10 yrs ago. It also depends on the RD if they’re handling too many transactions.

            Every property has two TCTs, the owners copy and the RD duplicate copy. Any transfer or annotation done in the owner’s copy will also be done in the duplicate copy. This is to safeguard againts bogus transactions and fake titles.

          • Junnell says:

   that mean sir I have to secure an RD’s copy too with annotation? Because Pag-ibig requires me to submit TCT owner’s copy and TCT RD’s copy, right? And both should be annotated?

            Thank you so much for taking time to answer my questions. I really appreciate it kc nangangapa talaga ako..

          • Geri says:

            Hi Junnel. RD will probably give you a certified true copy of the duplicate they have but they will never release to you the actual TCT because it’s meant to stay there for security purposes. It’s actually what triggered me to write these posts because 10 yrs ago, nangangapa rin ako every step of they way. Goodluck po and God bless.

            Hope to hear from you again pag ok na TCT and loan mo. Also looking forward to your comments in our other articles. Maybe this time in loans?

            Lastly, if you’d be kind enough to leave a review and rating (stars) of us and our site via our Facebook page, it will mean a lot in this personal advocacy and hopefully we reach more people. Thanks!

  19. Geri says:

    Pag-ibig po is the best office to ask since they will be charging the fees. Iba iba po kasi yan per provider.

  20. Geri says:

    Best to check with ROD what their rules are. From what we know, may expiry yung documents (from date of transaction) for BIR tax purposes pero hindi na kayo dadaan ng BIR for this process then ROD na lang kausap nyo.

  21. Geri says:

    May documentation po ba kayo nung sangla? The owner cannot sell the property without the original title na hawak ninyo. So don't let go of that, pero best if you have a documentation ng sangla. Check our Aug 18 2016 article. One should always invest in property PROPERLY. Wag po basta pasok ng pasok sa sangla or any financial transaction without documentations.

  22. Geri says:

    There are developers who delay the shift from in-house to pag-ibig or bank because they earn a lot from inhouse. This is what happened to me so I had to process my own TCT. Please clarify though, nakapangalan na sa inyo yung TCT? How did that happen? Who transferred the property? And bakit po nabuy-back? Who bought it back? Reposessed po ba iyan dati?

  23. Geri says:

    Matagal po iprocess ang TCT especialy if bagong develop yung lugar nyo baka hindi pa available individual TCT. Yes need ng pagibig yung title for the loan, unless willing sila to release letter of guarantee to the developer na approved na loan nyo, then developer will release letter of undertaking to submit TCT etc within specified time frame. Ang registry of deeds po naghahawak ng lahat ng original copy ng mga titulo.

  24. Geri says:

    I would think so given that it is a legal document. Not very familiar though with how it works. Care to enlighten us further?

  25. Geri says:

    The best office to answer this would be BIR, but from my limited personal experience, yes, every transfer will have CGT especially if the selling price is higher than original buying price, thereby the was a gain. The bank is not related to the CGT, this is a BIR item. But the bank may require new documentations though to transfer the LOAN to you as well. I suggest, if you have a good relationship with your brother anyway, have an internal agreement between the two of you, finish the loan under his name then once the bank is out of the picture (fully paid), transfer the property to you. Consider this, might be easier and less costly. Though consider as well that market value of property by then may be different from value now. BIR also uses this as comparison base in the CGT as some understate the selling price (despite high market value) just to avoid taxes. Goodluck!

  26. Anonymous says:

    Hello brother has a condo unit and certificate of title has been issued but currently hawak ng bank since nag loan sya for that purpose. Tuloy tuloy ang bayad ng ng loan sa bank and we both agreed na ako na ang magtuloy nung remaining balance until fully paid ..He wanted also to transfer the title to my name..Sa transferring process po,, does he need to pay capital gaining tax kahit di pa sya fully paid sa bank? please advise ..thank you.

  27. Anonymous says:

    Do people still buy Promissory Notes? Say, if I have one worth 5M and sell it for 4M. Buyer will now be responsible to collect, but is buyer able to foreclose a property (Deed of Real Estate Mortgage) attached to the note?

  28. Anonymous says:

    Salamat po sa advice malaking tulong po ito, may tanong lang po ako, kumuha po ako ng bahay and I paid 400k dp as equity, after that I was approved by the bank for a bank financing, yun nga lang na buyback yung bahay from that bank, so nagsimula ako ng magbayad ng monthly tru inhouse financing, e masyadong malaki pag inhouse financing so sinubukan ko iapply sa pagibig kaso di ko maapply kasi sabi sakin ng pagibig ung TCT ay nakapangalan na sakin. Sinubukan ko kausapin ung developer ko para maayos un at nang makapagapply na ko sa pagibig kasi di ko talaga kaya magbayad kapag inhouse financing, ilang bwan ang lumipas, pabalikbalik ako sa developer ko at lage nila sinasabi aayusin nila hanggang sa walang nangyari, patuloy nila ako pinagbayad sa monthly plus all penalties na umabot na ng 200k lalo na ko nawalan ng pagasa na makabawid gawa ng mga penalties na alam ko di ko naman kasalanan kung bakit na delay ng ganung katagal. kinuha ko ang TCT sa RD at nakita ko nakapangalan na sakin, ano po ba nag rights ko o dapat gawin, sa ngayon nakatira kame sa bahay na yun. Salamt ng marami!

  29. Anonymous says:

    Hi sir ko lng po my isinangla kasi sa amin na lupa since 2014-2015 hanggan ngayon d pa sya nakabayad.My planong ibenta ng my ari yong lupa nasa akin yong orig.title ano po pwede namin gawin kasi d namin na paanotate yong title sa rod..tnx po

  30. Anonymous says:

    Hello po just want to inquire.naisangla po ng lolo ko ung bahay at lupa nila. Then namatay po cia. Nabili po ng mama ko ung house and lot by public bidding.then inadvise po ng sheriff na ipa annotate after ng mga processes with the judge etc. Dahil po matanda na rin ang mama ko di niya po napa annotate ung title. And almost one yr na po ang nakalipas. Kailangan pa po ba kami mag process ulit before ipa annotate ung titulo. Meron po ba expiration date or pwede na po namin ipa annotate without undergoing the prior process. Thanks po

  31. Anonymous says:

    Good day po! Naghouse construction kami sa PAGIBIG ng husband ko, ang naapprove sa amin 3M, how much po magpadocumentary stamp and annotate ng title and loan and mortgage form and ilan days process?

  32. Anonymous says:

    Good day po… ask lang po matagal po ba ang processing ng TCT? kasi tapos na po kami magbayad ng Equity o downpayment ng bahay then nag monthly amortization na kami thru in house financing ang laki kasi ng interest pag in house kaya naisip namin mag Pag ibig housing loan kaso kulang kami ng requirements which is TCT on process pa daw sabi ng developer…. wala naman po kami problema regarding sa mga docs yun lang po talaga yun matagal nila ibigay yun TCT… and ano po yun Registry of deed? san po ba nakukuha eto? san ba ito inaassign? salamat po

  33. Anonymous says:

    Matagal po ba talaga ang pag process ng TCT? kasi bayad na kami sa Equity and nagbabayad pa rin kami hanggang ngaun sa developer In house… mag loan po kasi kami sa Pag ibig at yun nalang po ang kulang na requirements sa pag ibig. and ano po ba yun Registry of deed? san po ba nakukuha o inaassign po ito?

  34. Geri says:

    Kayo po dapat ang magbayad ng mga susunod amilyar dahil sa inyo na ang property kahit naka-mortgage pa ito sa Pag-ibig. Pero nung binili nyo ito sa developer eh dapat updated ang amilyar nito up to the year na nasa inyo na.

  35. Anonymous says:

    Good day sir.Tanong ko lang may avail kami ng husband kong property sa isang developer at bayad na kami sa equity at naka-housing loan sa pag-ibig yung the rest.Sino ba ang dapat magbayad ng amilyar?

  36. Geri says:

    So seller is fully paid but the title is still with developer? Then you have a deed of sale with the seller? Best to inquire with RD whether your deed of sale will suffice such that the developer will directly transfer the property title to you, and not to the seller / owner. Though we prefer buying properties already named to the seller since there might be other fees / taxes that need to be settled in transferring name to seller, before to you. Just our 2 cents though.

  37. Ferdinand Ching says:

    Hi sir…

    Tanong ko lang… is theres any legal agreement or documentation para masettle ung transaction nmin ng seller since n ung title ng bahay ay di pa nttransfer sa pangalan nya… pero fully paid na sya… she also has certification from the developer…

  38. Ferdinand Ching says:

    Hi sir…

    Tanong ko lang… is theres any legal agreement or documentation para masettle ung transaction nmin ng seller since n ung title ng bahay ay di pa nttransfer sa pangalan nya… pero fully paid na sya… she also has certification from the developer…

  39. Geri says:

    If buyer for apply for a loan, Pag-Ibig will look for the property for collateral and see that it is currently mortgaged with another borrower (seller). Much better if Pag-ibig is made aware that there is change in ownership, and that a new person (buyer) will now pay the Pag-ibig loan. Assumption here is that the purchase is well documented, with Deed of Sales, taxes paid, etc. Best to ask Pag-ibig what their process is.

  40. Geri says:

    Best to inquire with ROD since the annotation will require certain documents first (signed by the one named in title), and we assume the title is named after the unit owner already. There might be other ways to collect the association dues like in restricting utilities etc?

  41. Gervic0217 says:

    Hi Sir. Tanong po. Si seller willing ibenta ung property currently mortgaged with pag ibig. Reason of selling. Mg mimigrate and since naipagawa na ung bahay. They do wanted n bilhin ni buyer ung property sknla amounting 500k. And si buyer aggreed with that. Also nag agree si buyer na i continue ung mortgaged with pagibig using the name of the seller. Ngayon po. Possible b na si buyer mg apply ng loan sa pagibig to buy the property. So dalawa ung babayarin nya. 1. In the name of seller 2. In the name of buyer.

  42. Estrella Condocorp says:

    how about po sa unit owner hindi na nagbbayad ng association dues po nila can we annotate there unit? – administrator

  43. Geri says:

    I think it's really the affidavit from the bank. Or maybe a qualified opinion from a geodetic engineer on the correct coordinates of the property? Best to check with RD what the acceptable document is.

  44. Geri says:

    Check nyo po sa RD is binding na yang document na hawak ninyo since hindi naman iyan sale kundi sangla lamang. Ang usual na transfer ng property may fees and taxes na kasama both from seller and buyer so check nyo paano ang case kapag ganyan. Lalo na wala na iyong other party, the former owner.

  45. Geri says:

    Yes, if you trust the bank. Because the process will not move on if the seller will not provide the documents needed to effect the transfer. And usually the bank is saying we promise to pay the seller once we have our name annotated on the new title.

  46. Jas Criste says:

    Eve , Do you know any licensed real estate broker and the price?

  47. Jas Criste says:

    Hi sir, how about sa part ng seller. If the buyer loan it to the bank… Is the guarantee letter from the bank is enough for us to process the Deed of absolute Sale? And process the transfer of the tct to the buyer?

    Because the bank requires the seller to submit the documents of cancellation of tct and tax from the sleet before they release the proceeds.

  48. Anonymous says:

    hi po.may nkasangla po s akin n lupa mula p nuon 2009. hindi n po nya kyang tubusin kya binigyan nya ako ng authorization to transfer on my name o sa anak ko ang titulo. nasa akin mman po ang orig. n TCT pwede n po kaya ito pra maayos ko n ang titulo n ipapangalan ko s anak ko. hnd n po kc nagpkita ang nagsangla s akin mula nun 2013 n gnwa nya yum authorization pra itransfer s amin dhil hnd n daw nya kyang tubusin. pls. sana magkroon ng liwanag n maayos po ito dhil ito p lang po ang naipundar ko mula ng nag abroad ako.pls. need ko po advice nyo thanks po.

  49. Anonymous says:

    Hi. May I seek your assistance? My sister bought a foreclosed property from a bank. Unfortunately, the bank told her of a typographical error (“W” to “E”) in the technical description of the land in the TCT (under the bank's name) when she completed the payment. The bank told her that the error can be easily corrected and can be done when transferring the title in her name. She has requested from the bank to issue an affidavit for that error. However, the bank is taking so long to make it. Any advice on how the corrections can be made so that when the new TCT (under her name) is made, it will already reflect the correct description? What documents should be presented to ROD so it can be corrected? My sister already has the CAR from BIR and paid the transfer tax in the City Treasurer. This is the last step (she hopes), filling in the ROD. Hope you can assist. Thanks in advance. More power to you!

  50. Geri says:

    Hmmm. May mga relatives pa po ba ang matanda na pwedeng magclaim nung title on her behalf? Dapat kasi sa RD pa ma-annotate ang title pero if nasa bangko, baka marahil nakaloan ang property sa bangko kaya hawak nila ang title? If mafully pay ang loan sa bangko (assuming may MRI ang matanda pambayad ng loan in case of her death), marelease na dapat ang title and you may continue with processing the transfer of two doors sa inyo.

  51. Unknown says:

    Gud pm po ask ko po sana yon inalagaan kung matanda na almost 25 years (not relatives) ay binigay sa akin ang 2 doors ng kanyang building bale may deed of donation akong hawak. nabayaran ko po lahat sa BIR ang mga dapat bayaran ngunit hindi po na pa annotate yon titulo dahil namatay po yon matanda na nagbigay sa akin ng lupa at building. nakatago po sa banko niya ang titulo ng lupa. ano po ba dapat kung gawin para makuha ang titulo dahil sumulat kami sa manager ngunit wala itong action?

  52. Geri says:

    It seems okay naman yung unit nyo, just a matter of transferring from one owner to another. And since nasa bank na sya, the bank should help in processing compared to lalakarin nyo pa on your own. Before po almost 6 months inaabot sa RD. Pero now 2 to 3 months na lang ata. Depends sa bank and sa RD po yan.

  53. Geri says:

    Best to check with BIR or a lawyer ma'am. Hindi po kasi kami lawyer so baka mali masabi namin. The deed of donation might work para less yung payments ng fees and taxes pero baka may implication since minor pa receipient. About the taxes BIR is the best agency to ask. Punta lang kayo sa revenue district kung nasan yung property then inquire. They might even give you tips how to best handle this.

  54. Geri says:

    Yes this will take a series of steps para matransfer sa name nyo. The bank should know the necessary docs needed. Better too if you get the loan from the bank where they got the foreclosed property para isang bank na lang kausap.

  55. Geri says:

    Sorry not sure about this, best to check with RD itself. Usually they just follow what's in the DOAS that's why.

  56. slopereturn says:

    Hi. Thank you for this informative forum. I have a query, my husband and I will be purchasing a condo unit. Through the help of my relative, we will be buying the condo on a full cash basis. However, the unit that we are eyeing at is under bank financing and title is “almost complete” pa lang daw per developer. Na-transfer lang kasi siya sa owner by the developer a year ago. “Message from Developer to Owner: For the reason that, your unit has already been paid by the bank and title transfer under your name is almost completed. In connection with the Tax Clearance, please be informed that it will be completed within this month (May 2016) as discussed with the concerned Department.”

    What's the estimated time kaya para ma-process ung TCT under our name? or is this an advisable unit to purchase? We like the unit pero ganito lang background sa documentation.

    Thank you in advance sa help.

  57. slopereturn says:

    Consularized SPA ang tawag. Dapat sa Phil Consulate nag execute. Ginawa ko siya nung nagpurchase kami ni husband ng condo but I was working abroad then.

  58. Eve says:

    Hi, this forum was very useful.
    Just want to ask, paano kung ang mother ay bumili ng lupa at gusto nya direct na ipangalan ang title sa anak nyang minor pa?
    Paano ang magiging proseso?Deed of Sale pa din ba or Deed of Donation?
    Anu anong taxes ang iimposed? CGT, DCS, may estate tax pa po ba na kasama?

  59. Eve says:

    Need po talaga ng SPA kapag ang seller ay wala sa bansa.Kung pinirmahan na nila yun abroad dapat doon na din nila pina notarized.(red ribbon)

  60. Eve says:

    Hi Anonymous,
    A licensed real estate broker can do those things for you.

  61. Anonymous says:

    Hi,, nagbayad kame ng DP para bilin yun bahay ng kapitbahay namin sa subdivision, nabili niya lang din yun direct from the bank..siguro un mga foreclosed properties.. nagyon palang din niya ililipat sa pangalan niya ang titolo. bago niya mailipat sa pangalan ko asbuyer,kasi yun balance ko sa TCP na hinihingi nya ay ipapasok ko as home loan sa bank. posible ba yun ganitong transaction?at gagawa ng kasulatan sa harap ng attorney? thanks po

  62. JM Brosas says:

    Good thing I stumbled upon this blog. Thanks!

    One question: I have my sister as a co-borrower in a bank loan. What the developer did is include my sister on the TCT but I actually pay for everything. After fully paying up the loan, would her name be lifted from the TCT? I notice there is (R) before her name. Is that “revocable”?

    In case otherwise, so I have to sell to her the share or she would need to donate or just waive her portion? Appreciate the help. Thanks!

  63. Geri says:

    Meant Registry of Deeds for RD as they are the holders of titles not BIR. You can also check with them the form you mentioned.

  64. Anonymous says:

    Hi Geri

    Thanks for your reply! When you say 'RD' do you mean the B.I.R?
    Just wondering if I could try doing a DEED OF ASSIGNMENT AND TRANSFER OF RIGHTS … are such forms relevant for condos?

    Kindest regards,


  65. Geri says:

    Best to check with RD on this since this is a special process of reconstituting an existing title. The cost might also depend on the property value being discussed.

  66. Geri says:

    Check the title baka kasama rin ang live in partner sa nakapangalan sa title which means he or she is also an owner. If not good. If nakapangalan lang sa asawa mo it should be easy to change the tax declaration because they only follow who is named in the TCT. But if the live in partner is named in the title, hence in tax declaration, then removing the name will mean a new set of title transfers under your names.

  67. Anonymous says:

    Hi there!

    Please can you help? My father and I have recently bought and paid in full a condo in Manila. My father as co-buyer wishes to have his name dropped from the title. Can you advise on how to do this and how much it might cost?

    Kindest regards,


  68. Anonymous says:

    hello po, tanung ko lng po,kasal po ako s asawa ko.nalaman ko nlng po after 6 years n ang tinitirhan naming bahay ay kasama ang name s tax declaration s binabayaran nyang amilyar ay yung name ng dati nyang k live in partner, ano po kaya ang mang yayari kung d ma ipa tangal yung name ng dati nyang k live in? salamat po,,

  69. Geri says:

    You have to wait po na mailipat sa mom nyo ang title. The home loan process sa bank takes months anyway so go talk to your bank of choice and see if pwede na masimulan yung process while the transfer is in progress. They might be amenable as along as once idraw na yung loan, nasa name na ng mother niyo ang title.

  70. Anonymous says:

    Sir question po kumuha kame ng house and lot under my dad's name then he passed away last dec 2013 so na fully paid yung house and lot because of what happened gusto sana nmen i loan yung house and lot sa bank but the title is still under my dad's name possible po ba yun? In progress na yung transfer ng name sa mom ko but we're just wondering kung pwede na nmen ma i loan sa bank yung house and lot. Thank u in advance hope to hear from u the soonest.

  71. Geri says:

    I'm not sure why you'd get a loan pero sa iba ipapangalan. Who owns the land in the first place? If ikaw ang magloan pambili ng lupa ng iba, dahil ba sa hindi approvable ng loan yung gustong bumili? Better make sure your ass is covered here, have this in writing para safe ka rin.

    As far as I know, secured loans need marital consent. So the loan to purchase a land needs marital consent, and the lender would want that the borrower is the one named in the property title, since if another person is named in the property title, then they can't chase that person in event of default since you're the one who has a loan with them.

    The only loans I know that don't need marital consent are personal / salary loans. These are small loans though, or a cash loan perhaps from your credit card? These are small loans though but if you can loan an amount enough to buy that land, then why not?

    But still we don't encourage anyone to take out a loan for someone else. Better yet, be a co-owner of the property you're considering. Goodluck.

  72. Geri says:

    I believe we already discussed this extensively via our FB page. Hope I was able to help. God speed on your situation.

  73. Unknown says:

    good day sir na anotate na sa title in favor sapag ibig pero nung namatay ang borrower sinasabi ni pag ibig na wala daw nangyaring loan take out pwedi po ba un mang yari salamat admin

  74. Anonymous says:

    my asawa po ako.pwede po ba mag loan ako sa bangko ng lupa pero sa iba ipapangalan ang lupa halimbawa sa kapatid o kaibigan. name ko ang nasa loan pero sa iba ko ipapangalan ang lupa while hinuhulugan ko. at pwede ba mag loan ng lupa sa bank without pirma of asawa means ako lang pipirma dahil name ko lng mag loloan.

  75. Geri says:

    Hmmm, everytime there is transfer of ownership, BIR sees that there is a gain so CGT will be charged. Since there was no transfer yet (from developer to seller), I assume no CGT was paid before that. So if the ownership will transfer from developer to you, then I would think there will be CGT. Again, in usual cases, developer will shoulder the CGT since developer (the owner per title) is gaining from this sale.

  76. Anonymous says:

    Thank you for the reply sir. Ung TCT po ay nakapangalan pa kay developer. Applicable pa din po ba ung cgt?

  77. Anonymous says:

    Hello Sir

    We are planning to buy a vacant lot from seller A. The vacant lot is 1.5m and so far ang nabayaran ng seller A is 700k. We agreed to pay ung na-out nila pera and assume remaining balance of 800k.

    Ask ko lng po, applicable po ba ang capital gain tax once we paid the 700k to seller A? If yes, babayaran po ba to once we sign for transfer or pag fully paid na po?

    If not, anu po ung tax n applicable for this transaction?

    Thanks in advance po.

  78. Geri says:

    The CGT is paid once you register the sale with BIR. Better to have another side agreement with the buyer on the payment terms but I think in the eyes of BIR 1.5M is the value bring transferred so that's the taxable amount. My thoughts only. You can always inquire with BIR.

  79. Geri says:

    Hmmm. Best to check with BIR para sure. Usually it's the seller who pays the CGT since he's the one gaining from the sale. In this case I think the CGT will apply to the whole 1.5 since it's the value of the property being sold. It's also the amount that you will shell out as the buyer and the amount that buyer will “technically” receive.

  80. Geri says:

    Hi. The certified true copy of the title will just take a few days to secure (maybe 1 week at the most) since it's just a copy of what's recorded in RD. The buyer has to show the Certificate Authorizing Registration (CAR) since this proves that BIR has given the go signal for the registration, that all necessary taxes and fees from their end have been paid. CAR is required, amd without it, the transfer will not proceed.

  81. Anonymous says:

    Hello po, I read your post and it will be great help. Thank you.
    But just to confirm po, can we get the certified true copy of title the same day you requested or it will take some days to release? And regarding po sa CAR , wala po bingay sa amin yung seller na copy of his CAR from BIR? Will this cause any delay or we don't actually need it for the transfer? Thanks po..

  82. Anonymous says:

    Hello po, I've read your post and it was a great help. Thank you. But just want to confirm how long will it take to get a Certified true copy title from ROD? And we have the original title from the seller but unfortunately he didn't give us the CAR issued to him by BIR before. Will this cause any delay or we don't actually need it? Thanks and waiting for your reply..

  83. Geri says:

    For the rate kindly check our Nov 8 2015 post. For the expiration, best to check with your local BIR Revenue District Office (RDO). They have a calendar for this depending on when the deed of sale was executed. Kindly ensure with the bank that the process and agreement is enough to transfer the name from your bother in law to you. I assume the brother in law is the one named in the original title since he is the one “selling”.

  84. Unknown says:

    Hi ask ko lang po kc yong bahay at lupa namin na nakatayo sa lupa ng brother in law ko ay kasama sa pagsanla nya..ngayun po ay naforclosr ng lending kasama bahay at lupa namin kc wala kaming hawak na papeles sa pag bili namin sa kanya…ngayon tutubusin ko yong sanla at itratransfer ko sa pangalan ko bale bibilhin ko sa brother in law ko… ng halagang 400k..magkano kaya babayaran ko lahat ng proceso?BIR , citihall at register f deed? At how many days na maeexpire yong pagprocess sa BIR from the day of execution of deed of sale?

  85. Geri says:

    Suggest to clear this with BSP since you have been in contact with them already. Definitely the agreement dun sa rights / deed of sale, the original title, tax declaration