Manila, Philippines

TCT Title Transfer and Annotation Steps

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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.

 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

208 Responses

  1. Ronnie says:

    What are the 5 types of Annotations that a title can have?
    What are the solution on every annotation?

  2. 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).

  3. 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

  4. Kim says:

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

  5. 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.

  6. 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.

  8. 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.

  9. 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.

  10. Mariel Balaoro says:

    ok sir thank you.

  11. 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.

  12. 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?

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

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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..

  19. 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!

  20. 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.

  21. 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.

  22. 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.

  23. 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?

  24. 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.

  25. 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?

  26. 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!

  27. 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.

  28. 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?

  29. 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!

  30. 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

  31. 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

  32. 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?

  33. 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

  34. 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?

  35. 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.

  36. 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?

  37. 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.

  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. 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…

  40. 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.

  41. 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?

  42. 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.

  43. Estrella Condocorp says:

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

  44. 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.

  45. 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.

  46. 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.

  47. Jas Criste says:

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

  48. 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.

  49. 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.

  50. 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!

  51. 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.

  52. 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?

  53. 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.

  54. 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.

  55. 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.

  56. 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.

  57. 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.

  58. 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.

  59. 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?

  60. 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)

  61. Eve says:

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

  62. 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

  63. 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!

  64. 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.

  65. 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,


  66. 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.

  67. 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.

  68. 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,


  69. 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,,

  70. 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.

  71. 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.

  72. 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.

  73. Geri says:

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

  74. 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

  75. 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.

  76. 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.

  77. Anonymous says:

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

  78. 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.

  79. 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.

  80. 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.

  81. 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.

  82. 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..

  83. 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..

  84. 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”.

  85. 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?

  86. 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 etc will be needed.

  87. Geri says:

    Suggest you request a breakdown of the 150K. Transfer taxes and capital gains tax are both big especially if 6M yung property. Pero if annotation lang of a claim sounds too big.

  88. Geri says:

    Inquire niyo po sa lender kung san kayo magloan. Ideally they only use titles named after you as collateral. Pero if sa Pag-ibig din naman kayo magloan might be acceptable.

  89. Geri says:

    As far as I know po wala na. Clean title na sya dapat.

  90. Randy De Jesus says:

    Hi po, do you have an idea what price range po ng pagpapa annotate. Our bank estimate it at 150K for a 6M loan.

  91. Unknown says:

    Do you know what range is to annotate a property? Our bank estimate it at 150K for a 6M loan.

  92. Medard Angela Gacilos says:

    Good day! May nakuha po akong foreclosed lot sa pag ibig nun 2011 tapos ngaun 2016 balak ko po mghousing loan. Pero un sa transfer ng title ongoing pa lang po na ginagawa ng pag ibig. Ayos lang po ba na ang isubmit ko na requirements sa pag ibig ay un deed of absolute sale habang hinihintay un sa transfer ng title? Salamat po

  93. evialc says:

    Hi, after po ma cancel un annotation ng CCT sa Registry of Deeds anu po ang next step? meron po ba bbayaran sa BIR?

  94. sherwin perez says:

    Question po Admin.

    Anu po ang first step and requirement to transfer the mortgage annotation from bank to Pag-ibig Fund? Approved na po kasi yun loan ko sa Pag-ibig fund and need to itransfer to mortgage annotation from bank to Pag-ibig Fund. Thanks!

  95. Anonymous says:

    My questions…what are the documents ma provide sa akin ng principal borrower after paying her the whole amount ng usapan namin sa rights?? para if ever mabayaran ko ang loan ng principal sa BSP at ma transfer ko agad ang title under my name. Ty po!!!!!

  96. Anonymous says:

    Hi po, been rented a house for 12 yrs, 3 yrs ago bininta ng may ari sa akin ang rights.Gave her a partial payment sa amount na napag usapan namin.Bank financing po sila but happened the bank long time closed. I went to PDIC finding out the status & they forwarded me to the closed bank representative.He said the bank mortgage it to BSP, so he advised me going to BSP. As i talked to the BSP representative asking from me the authorization from the owner so i better provide an SPA and submit it to BSP. Found out naka line up na sa forclosure ung house.

  97. Geri says:

    Baka po sa rightful heirs muna mapupunta nung yumao. Then if yung rightful heir is willing magbenta, then pwede itransfer sa iba. Inquire po kayo sa RD i'm sure may legal process for this.

  98. Geri says:

    As far as I know, no expiry date. Court order is not necessary. As long as the documents related to the annotation are in place. Like if there is a mortgage loan, the loan documents, deed of sale etc are enough for the lender to make an annotation on the borrower's title. RD does this.

  99. Geri says:

    Yes. Because Pag-ibig technically has a claim on the property, and if you pay the owner, not Pag-ibig, baka mabalewala lang yung binayad nyo. Invest in clean titles, always.

  100. Geri says:

    Registration fee is usually a certain % of the property value, so 1% of 1.67M is around 17k. Yes there are other fees to be incurred like DST, processing fees etc.

  101. Geri says:

    Sorry not so sure about your case. You incur CGT when a sale happens and the seller gets an income. Technically yung ex mo yung seller so CGT is to be paid by her or usually kasama na sa purchase price.

    Baka there are other ways to settle it like your ex donates the portion to you so baka smaller if donation tax, etc. Baka lang but please explore this with developer or BIR.

  102. Anonymous says:

    Hi Sir Geri,

    Me and my ex gf bought a condo and we're still paying the downpayment. Since we broke up, I'm thinking to keep the unit and pay her shares para maalis siya sa CCT. According dun sa developer my CGT pa rn babayaran like 5%. Then i asked about annotation hindi daw possible without paying the CGT. Is there a way to avoid yng CGT eventhough na nsa titlte pa rin ex ko but revoking her rights by signing some waiver form?

    Thank you

  103. Geri says:

    Bale kayo po ang pinapaglakad ni Pag-ibig ng annotation? Tapos na po ba ang loan kaya nasa inyo na ang title?

    Usually po yung lender ang naglalakad ng removal or cancellation ng annotation once tapos na ng borrower bayaran ang utang niya. In any case, sa RD po inaayos ang annotation. Depende po ang cost sa RD and sa property pero it shouldn't be as big as the title transfer expenses. You will also need some proof from Pag-ibig na fully paid na ang loan. I hope I got your question correctly.

  104. Geri says:

    Sorry for the late response. Yes, the original title is needed to sell the property. Technically, you don't fully own the property since you have an outstanding obligation with Pag-ibig. So you can't sell the property. If you wish to dispose of the property, the better way is to ask the buyer to coordinate with Pag-ibig, so that the buyer can instead assume your obligation with Pag-ibig. The buyer will then be the one to pay-off the Pag-ibig loan, and afterwards, get ownership of the property.

  105. Geri says:

    Tinitirhan nyo po ba yung bahay? Check nyo po sa deed of sale ninyo kung nandoon. Sa condo po, may batas ukol sa refund ng down payment. 50% lang po ata ang babalik if more than 2 years na kayong naghulog. if less than 2 years, no refund. Not sure sa case if house and lot.

  106. Geri says:

    Usually po, kung sino ang nakikinabang sa lupa, siya ang nagbabayad ng amilyar or real estate property tax. Kung nakatira na kayo sa bahay, kahit hindi pa transferred ang titulo sa inyong pangalan, kayo na po ang magbabayad ng amilyar. Usually po. Not sure if nasa batas ito. Check nyo rin ang Deed of Sales ninyo, baka nandun.

  107. Anonymous says:

    Hi po.nkuha napo namin ang title..pag ibig loan po kmi may annotation pa po na isa sa mga req nila pano po babalik papo b kmi sa bir at rd..ang loan po ay 1200.000 mga magkano pa po ba ang uubusin sa annotation..godbless po

  108. Anonymous says:

    Hi Sir Geri,

    I have a question. Can I get an original transfer of certificate even if my property is under mortgage by pagibig?

    Binenta ko kasi yung property n nka mortgage sa pagibig, ngayon nasa pag process na sila to transfer the title sa RD, pero nung binigay nila yung documents di tinanggap kasi di daw original yung title ko. I asked my mom before to get a copy but i think they only got the certified true copy lang which the buyer also used or passed when she applied the loan in pagibig and also for paying the CGT. Given it's only a certified true copy of TCT what we have, it isn't enough, do I still need the original TCT? It's difficult since im based na sa abroad..

    I hope you can answer me as soon as possible. It just very very important right now, we are running out of time 🙁

    Thank you very much and more power.


  109. Anonymous says:

    Hello good daY!

    Ask ko lang possible ba na marefund ko ung binayad ko na equity sa housing loan kc matagal irelease ung bahay sa akin. 2013 pa ko natapos sa equity and by dec 2014 ngrelease si PAGIBIG na letter of approval sa developer ko pero until now hindi pa natransfer sa akn ang bahay. possilbe ba ng mgrefun ako.


  110. Anonymous says:

    Hi po,ask ko lang po kung ang transfer at TCT po ay pinaayos/pinalakad ko sa developer at ito po ay nadelayed ng 2 yrs. sino po ang dapat mag-bayad ng RPT???

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    Salamat at Inaasahan sa iyong prompt reply.

  112. Nancy Leonard says:

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    Salamat at Inaasahan sa iyong prompt reply.

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  114. Unknown says:

    Sir/Mam, gud evening po. Ask ko lng po if ung capital gains eh nde nakasulat sa contract kung sino magshoshoulder, sino po ang mgbabayad? Buyer or developer?

    And yung Letter of Guarantee po ba ay ibibigay ng bangko sa developer kahit nde pa nalilipat sakin ung title ng property? Kung ganon po, stop napo ung in house monthly payment ko na may 18% interest, at nde ndn madadagdagan ung remaining principal pag narelease na ng bank ung loan proceeds?

    Salamat po.

  115. Geri says:

    CGT po usually seller / developer.

    Letter of guarantee (LOG) issued after you are approved of home loan yes even if title is not yet in your name. LOG should give developer the assurance that they will be paid once they completely transfer the title to your name.

    Your in house amort will stop once you give developer the loan proceeds not when you give them the LOG. So after LOG you wait for a few more weeks or months, once title is transferred, bank releases money, your in house amort stops, your bank amort begins.

  116. Geri says:

    CGT po usually seller / developer.

    Letter of guarantee (LOG) issued after you are approved of home loan yes even if title is not yet in your name. LOG should give developer the assurance that they will be paid once they completely transfer the title to your name.

    Your in house amort will stop once you give developer the loan proceeds not when you give them the LOG. So after LOG you wait for a few more weeks or months, once title is transferred, bank releases money, your in house amort stops, your bank amort begins.

  117. Anonymous says:

    HI Mam good pm ask ko lang po how long it takes to process the docs from in-house/developer acct transfer to pag-ibig housing loan as individual/retailer filling after inspection by pag-ibig appraiser need to pa daw process sa ROD Trece martines cityhall my idea po b kau gaano ka tagal mag process ng docs and regarding po sa mga fee kung si developer b dpat magbayad or ako as individual filling thks alot..

  118. Geri says:

    Before it used to take 2 to 3 months to transfer (ROD was at the height of upgrading their systems back in 2010). Mine took 1 month. Some can complete the process in 2 to 3 weeks time so it really depends.

    Completion of requirements is also a key factor.

    As for the fees, generally seller shoulders 6% capital gains tax while buyer shoulders 1.5% Documentary stamp tax, 0.5% Transfer tax and 0.25% registration fee, among others.

  119. May says:

    thank you for replying!

  120. Geri says:

    Pag-Ibig might still need the original owner's copy of the title. What you got from the cityhall (or Registry of Deeds [ROD]) is probably the certified true copy, but still just a copy. Clarify with Pag ibig. If the owner really wants to sell the property, then I guess he'll be cooperative enough to ask for another original title from the ROD. He might be required to present an affidavit of loss among other things.

  121. Geri says:

    Thanks May. Amilyar is technically to be paid by the owner at that time. But the developer may be asking you to pay for it since a DOA has been executed already (albeit TCT was not yet transferred) and since you might be occupying the property already (I'm just assuming).

    Capital gains tax (usually borne by seller, unless buyer agreed to shoulder it) is 6% of property selling price. Add 1.5% and 0.5% for documentary stamp tax and transfer tax etc, then see if the 65K sounds reasonable.

    There might also be penalties etc in case the filing for transfer is delayed. It should have been filed weeks after the DOAS was signed and notarized.

  122. Geri says:

    As far as I know, Pag Ibig should be the one to process the annotation that they no longer have a hold / claim on the property. Same with banks.

  123. May says:

    Your blog is very very helpful, thank you so much.. May i also have a question. I bought a lot, i have it fully paid years ago. And this is in a subdivision of which the developer sold to another developer. I have been given the deed of absolute sale, but the transfer of title was not processed by the original developer. Hence, this 2nd one will do so. We are asked to pay the processing fee, and the Amilyar. I feel that since there was no transfer yet, the amilyar has to be paid by them (is this correct?). My lot is small(160sqm), and what i have to pay them is 65K(is this cost reasonable for such lotsize?). i intentionally did not join the 1st batch as i want to really be sure, that they will real title will be given to other lot owners, (they are now waiting for it). Now, i received a letter, that if I dont pay them now, my lot will be taken by the government. (Is this valid?)

    Hope to hear from you, and thank you if you will. It is hard when you are an OFW, that cannot easily go back to Phil to attend to such matter.

  124. Anonymous says:

    hi sir good day po tanong ko lang po sna kung pwede po bang mailoan sa pagibig ang land na walang title nawala po kc ng may ari nung bumaha at humingi kmi sa cityhall ng CTC ng title at ok nma po mallinis nman po

  125. damegrinch says:

    good afternoon!
    we already finish paying the our property and we need to have it annotated that it's already clear from pag-ibig. what to do ? please help?

  126. Anonymous says:

    Hello. Ano po ba ang proseso ng pag transfer ng title kung isa po sa nakapangalan sa title ay yumao na. Magkapatid po ang nasa title at parehong dalaga. Noon pong 1997 yumao po iyong isa. Napag usapan lang po namin noong surviving sister recently at wala siyang alam how to go about transferring the title to her name. Maraming salamat po.

  127. Anonymous says:

    What are the requirements on making annotation to titles ? Can one do annotation without court order? Is there an expiry date?

  128. win says:

    Hi po. Is there a risk in buying a house & lot if on the title there is an annotation from pag ibig and a certain mortgage amount since 1998 pa. Dapat po ba ipa clear muna ng owner yung annotation. Thanks…

  129. Charmie Capulong says:

    Hi! I bought a lot worth 1.67M. I applied for a Pag-ibig housing loan to pay for the lot and I was approved with 1M. I was wondering why the registration fee costs 17k. Are there separate registration fees for the sale and the mortgage? Hope you can enligten. Thank you!

  130. Anonymous says:

    Thanks for your help. I didn't sign any document to give him the Power of Attorney. In fact I didnt sign anything. One thing sure though is he has a close friend in the City Assessors Office which is even the head of the department. Could they have manipulated this thing? Pls ready need your help. Thanks!

  131. Geri says:

    I think this can be settled with the local tax mapping unit, as well as the occupants in the concerned properties. Not familiar with the actual process (sorry) but I don't think this is an unusual case. The tax mappings change from time to time and it could be that there was an error when your properties were being “mapped”.

  132. Geri says:

    Hi. Best to consult with BIR since this is a tax issue. From what I recall, EWT is usually shouldered by the seller since this is a withholding tax due to a sale, they are being taxed because they sold something and generated income from it. However, it is also common practice for the sellers to ask the buyers to shoulder half of the tax. As long as both parties have a written contract on this, then this might be enforceable. Seek more clarity from BIR. It might also be that non-payment of EWT already has so much penalties given the delay, and since they are claiming that the delay came from your end, they maybe that's why they want you to shoulder part of the expenses and penalties. Just my two cents.

  133. Geri says:

    I suggest you go back to the RD to get more explanations as to what happened. Assuming the real title was indeed under your name, it can't be cancelled easily. Unless your previous partner maybe had some sort of Power of Attorney to act on your behalf on these matters?

  134. Hello Good evening.
    Ask ko po I have a condo fully paid since 2009. i have not process the transfer of tittle till now. When i went to the compNy i was told new law was passed and my unit is now subject to EWT which I have to pay. Yhey told me to write them a ketter requesting 50 percent shoulderin nila and I pay the half..lTital is 190,000. based in the article anove EWT should be shouldered by the seller…amo po ba dapat kung gawin sabi kasi sakin kasalanan ko di ko inasikaso ten years ago land title transfer which at that time ala naman daw EWT.

    please help ..Your advised is greatly appreciated.

  135. Anonymous says:

    Pls i need your advice po. I have a house and lot with TCT which is under my name. It was paid by cash by my partner to the developer as his gift to me. unfortunately something wrong happened between us. and the original copy of TCT was in his safekeeping. when i asked a copy of the TCT from the registry of deeds, they told me that the title was cancelled just a few weeks ago. What might have been the ground for cancellation? Do i have a claim on the property? The registry of deeds staff i talked with cannot even tell me what happened to the title. She told me baka niloko daw ako ng developer which I think isnt true because the title was already transferred under my name and which was paid full in cash. Pls help po. Thanks and more power!

  136. Anonymous says:

    salamat po sa reply. Kung sakali po bang mapeke nya ang ibang papeles at ma grant ang loan nya kanino po ba ibibigay ng Pag-ibig ang pera sa kanya po o sa akin…Dipo ba ang ibig sabihin pag nakapag loan sya ay sakin bibilin ng Pag-ibig ang property tapos huhulugan nila sa kania.

  137. Geri says:

    Usually ang loan proceeds ay naka-managers cheques at nakapangalan sa may ari. Not sure lang kung pumapayag silang ipangalan ito sa borrower lalo na kung ang loan amount ay higher than selling price which means may sobra. Maaari din namang cash ito makuha ng borrower. Hindi rin magtutuloy ang loan kung wala ang original na titulo na dapat ay nasa inyo. Pinakamainam ay kausapin ninyo ang nangungupahan sa inyo.

  138. Anonymous says:

    hello po. Meron po akong house and lot na pina-rerent na balak bilin ng umuupa. Kumuha daw po sya sa RD ng CTC at nabigyan naman W/o authorization letter from me. Ang sabi nya requirement daw para maka loan sya sa pag-ibig. Okey lang po bang gamitin nya ang CTC ko? Dipo ba lumalabas na parang ginagamit nyang colateral ang property ko? Wala po ba akong magiging problema kung di nya ito mabayaran? need your reply salamat po in advance…

  139. Geri says:

    Maaaring ang nakuha po ng umuupa sa inyo ay certified true copy o ko pa lamang n TCT (titulo) ninyo. Totoo pig kailangan ng kopya ng titulo ng property sa pagkuha ng housing loan. Gayunpaman, kung ang titulo ay nakapangalan sa inyo, kailangan magpakita ng Deed of Absolute Sale kung saan ay nagkapirmahan at nagkasundo po kayo sa pagbenta ng property. Kung wala nito hindi niya mailoloan sa Pag Ibig yun. Check nyo rin sa umuupa sa inyo kung meron na sya ng ibang requirements. Bka yung iba eh falsified at baka makalusot sa lender.

  140. Geri says:

    Maaaring ang nakuha po ng umuupa sa inyo ay certified true copy o ko pa lamang n TCT (titulo) ninyo. Totoo pig kailangan ng kopya ng titulo ng property sa pagkuha ng housing loan. Gayunpaman, kung ang titulo ay nakapangalan sa inyo, kailangan magpakita ng Deed of Absolute Sale kung saan ay nagkapirmahan at nagkasundo po kayo sa pagbenta ng property. Kung wala nito hindi niya mailoloan sa Pag Ibig yun. Check nyo rin sa umuupa sa inyo kung meron na sya ng ibang requirements. Bka yung iba eh falsified at baka makalusot sa lender.

  141. Geri says:

    Might be possible to transfer direct to you as long as all documents needed were presented: like death of original owner, child of original owner selling to you. This might have tax implications though since the property was not formally transferred to the child who's now selling the property. This is just my opinion. Best to inquire with ROD mismo because I'm sure this is a usual case in the country.

  142. Geri says:

    Kindly inquire with the tax mapping office how to fix or regularize the discrepancy. It might be as minor as a typographical error on their records or might be a major issue.

  143. Geri says:

    This is like transferring the loan from Developer to Bank. Yes Developer should be willing to provide the original documents needed as long as you have a letter of guarantee from the bank that you have been approved of a loan.

    To process the documents for the bank loan, photocopies of certain documents shall suffice.

  144. Anonymous says:

    Hello. Nakabili po kami ng Land last Nov 2013 pero yung land po nakapangalan dun sa Nanay nung pinagbilhin namin. Both of her parents were died already. Then yung land title po nawala (Owner's Copy), nag apply na po kami sa ROD ng another copy. Gaano po kaya katagal before makuha yung copy sa ROD? And kapag ipapatransfer na po yung Title possible po ba na ipatransfer na directly sa amin since patay na po mga magulang nya or ipapatransfer muna sa kanya yung title. Thanks..

  145. Anonymous says:

    Hello. Nakabili po kami ng Land last Nov 2013 kaso yung title ay nakapangalan dun sa Nanay nung pinagbilhan namin at patay na. Nag iisa po siyang anak. Ngayon nawawala po yung title (Owner's copy). Nag request na po kami ng another copy from ROD. Gaano po kaya katagal bago makakuha ng another copy? And kapag ipapatransfer na po yung title sa amin, kailangan pa po bang ipatransfer pa yung title dun sa anak or pwedeng directly sa amin na since namatay na po yung Nanay nya (Owner ng Land).

  146. MRRod says:

    Hi. Question po. What to do if the bank appraiser finds a discrepancy on the lot number between the tax map and title? nasa title po namin 11-C kami while sa tax map, 11-B ang vacant. 3 lote po kasi yun na pinaghati-hati ng original owner and yung 2 lote, napatayuan na, sa amin na lang ang hindi pa. Please advise po

  147. MRRod says:

    Hi. Question po. What to do if the bank appraiser finds a discrepancy on the lot number between the tax map and title? nasa title po namin 11-C kami while sa tax map, 11-B ang vacant. 3 lote po kasi yun na pinaghati-hati ng original owner and yung 2 lote, napatayuan na, sa amin na lang ang hindi pa. Please advise po

  148. Anonymous says:

    Hi. Tanong ko lang po what to do if the lot number on the TCT is not the same lot # na vacant sa tax map? 3 lote po na pinaghahati-hati ng original owner and out of the 3, yung amin na lang po ang hindi napapatayuan which is named as 11-C sa title pero sa tax map, 11-B ang vacant so now hindi kami makapagloan sa bank unless maayos daw ito. Please advise. Thanks po.

  149. Gary Loyd Gatapia says:


    Ask ko lang po: Currently kasi my kinuha kame Lot sa Developer and ongoing ang pagbabayad namin; then we like to avail housing Loan to the Bank which requires TCT. Can our Developer issue us a Copy of TCT with our current status??
    Thanks for your feedback..

  150. richard macaspac says:

    Hi ask ko lang pag nakaloan b sa bank yung title its means ok siya? May balak kc kami bilhin yung townhouse sa may malate? Kaso nakaloan nag apply na rin kami ng home loan thanks god na approved sa BDO acquisition and re financing? 6.8m selling price ok na b yung price ? 45sqm

  151. Anonymous says:

    good day po.mamdatory requirement po ba sa pagkuha ng TCT ang original copy ng title?hahanapin ba ng RD un?kung ang selling price ng house and lot ay 2.5M may idea po ba kau kung mmagkano ang magastos para makakuha ng TCT?ang land po ay 268 sqmeter

  152. Geri says:

    Dapat hawak nyo ang original title ng property dahil 2 lamang ang original, isang nasa RD at isang nasa may ari. Hindi na po ako familiar sa bagong rates pero ang pagkuha ng titulo ay hindi gaanong nkadepende sa value ng property. Mas may epekto ang value ng property sa sale and transfer taxes na babayaran sa BIR.

  153. Geri says:

    Dapat hawak nyo ang original title ng property dahil 2 lamang ang original, isang nasa RD at isang nasa may ari. Hindi na po ako familiar sa bagong rates pero ang pagkuha ng titulo ay hindi gaanong nkadepende sa value ng property. Mas may epekto ang value ng property sa sale and transfer taxes na babayaran sa BIR.

  154. Anonymous says:

    Good day po. Nag offer po ang landowner na pwede na daw namin hulugan ang lote na kinatatayuan ng bahay namin sa loob ng tatlong taon, in-house direct purchase po. Pero hindi po naka register sa hlurb ang company ng landowner at wala din po licence to sell sa hlurb. Mahihirapan po ba kami magpatitulo kung deed of absolute sale lang ang ibibigay sa amin kung tapos na naming mabayaran maliliit lang po ang sukat ng lote, 34 sqm. Nasub divide naman po at meron certified tct sa registry of deeds, bayad naman po ng may ari ang amilyar up to 2013.

  155. Geri says:

    Dapat po. Usually lender ang nag- aasikaso nito. Best to confirm with them though.

  156. Anonymous says:

    Hi po. Alvin po ito. What if fully paid ko na yung Pagibig housing loan ko Pagibig din po ba magpaprocess para mapatanggal yung annotation sa TCT?

  157. Geri says:

    Check nyo sir sa RD kasi baka hingan kayo ng SPA in case may iba pang kelangan asikasuhin and pirmahan on their behalf .

  158. Geri says:

    Check nyo sir sa RD kasi baka hingan kayo ng SPA in case may iba pang kelangan asikasuhin and pirmahan on their behalf .

  159. Geri says:

    Try to trace who bought the assets and liabilities of the closed bank. Check as well with BSP they might know.

  160. Anonymous says:

    good day sir, ask ko lang sir kung kailangan pa ng SPA ng seller kahit n yung tunay n may ari ang nag sign s DOAS nasa abroad sila at pinadala lng nila dito s pinas at wala p notaryo,

  161. L.gatdula says:

    Good day! Ask ko lang po sana on how to proceed. Ung property na nainherit namin from my dad who passed away 3 years ago ay may annotation kaso ung bank na nakapangalan sa annotation eh sarado na, ano po ung next step para mapatanggal ung annotation? Thank you

  162. Geri says:

    Best to check with RD but I believe this should be doable as long as the documents (deeds of sales etc) can establish the transfer of ownerships and who the end owner really is. Saves transfer costs and taxes too if this is allowed, but then again our government wants to collect all the taxes and fees it can.

  163. Anonymous says:

    Hi, I bought a townhouse unit which I haven't transfered yet to my name and I am selling it and already have a buyer. My question is, should I transfer it first to my name or will the new buyer be able to transfer the TCT from the previous owners name to his name?

  164. Anonymous says:

    Currently, I continuously follow up our land title which we filed on late 2013. We buy lot @Solar Resource Inc under PAG-IBIG and until now its still processing. I don't know, who are the concern people I need to talk. Based on TCT step, i don't think it will take 2 years to fully get our land title.

  165. Geri says:

    More than a year is too long unless there are document deficiencies? Usually it just takes 2 to 3 months depending on the Registry of Deeds where the property is listed. Have you asked the developer what the problem is? You're paying an in house amortization at no interest (similar to 0% DP) or at a in house interest rate? It should be the former not the latter so you should be paying off at no interest since the delay is coming from them. You might need to apply for a new loan though since mortgage loans really have approval validity.

  166. Geri says:

    More than a year is too long unless there are document deficiencies? Usually it just takes 2 to 3 months depending on the Registry of Deeds where the property is listed. Have you asked the developer what the problem is? You're paying an in house amortization at no interest (similar to 0% DP) or at a in house interest rate? It should be the former not the latter so you should be paying off at no interest since the delay is coming from them. You might need to apply for a new loan though since mortgage loans really have approval validity.

  167. Edgar says:

    I got a condo in Pasig and have applied a Pagibig loan for it. My loan was approved and I have given the Letter Of Guarantee to the developer last Dec. 10, 2013 and paid for the cost of Transfer Of Title to them. But until now they are still processing and not yet complete. I was not given an extension anymore from Pagibig Fund since its been over a year now and still I cannot submit my final documents to Pagibig Fund because of the Transfer Of Title. The developer are still collecting the in-house rate of the monthly amortization. Is this processing time normal? If not where can I seek refuge. Thanks for any help.

  168. Joyce says:

    Fully paid na po namin ang bank loan. Paano naman po magpatanggal ng annotation para maging clean title po?

  169. Geri says:

    Hi Joyce. The bank should process the annotation lifting their claim on the property. Takes some time though. Request for certificate of full payment as well just to be sure.

  170. Geri says:

    Maari pong gawin ito kung ang credit card company at ang bangko na nagbigay ng housing loan ay iisang bangko. Dahil may claim po ang bangkong iyon sa property na naka mortgage, maari rin po nilang gamitin ang claim na ito para sa bayarin credit card.

    Kung inyo pong babasahin ang terms and conditions sa paggamit sa credit card, makikita nyo roon na may karapatan ang bangko na gamitin ang anumang pag-aari ninyo na nakalagak sa bangkong iyon, para ipambayad sa pagkakautang ninyo, gaya ng deposit account, time deposit, investments, kotse at bahay na naka-mortgage sa kanila. Ang tawag po dito ay cross-default.

    Ang pinakamainam ay kausapin ang bangkong ito kung maaraing magkaroon ng restructuring, upang maging mas magaan ang pagbabayad sa credit card nang hindi naapektuhan ang housing loan ninyo.

  171. Anonymous says:

    Magandang araw po. Tanong ko lang po kung ang Credit Card company po ba ay pwedeng ipaannotate ang TCT ng debtor na di nakakabayad ng utang? O kelangan po muna nilang magfile ng kaso sa korte aty hintayin ang desisyon ng korte? Yung TCT ay may annotation nang nauna kasi naka bank loan. Gagawin po kaya ng credit card company yun, maski na alam nila na naka bank housing loan ang bahay? Maraming salamat po sa sasagot.

  172. Geri says:

    Thanks for the info. Yes some charges are a % of the property value such as taxes, doc stamps etc while some are fixed like encoding , processing etc. Best to request for the breakdown of the fees and charges.

  173. Serge'son Bernabe III says:

    Nagbayad ako ng 11k+ s RD as registration fee for title annotation ng pag ibig housing loan ko. Naapproved ng pag ibig s kin worth 1.9M. They based the fee s amount ng loan.

  174. Geri says:

    Hi Elizabeth. Best to inquire with the RD concerned as fees and requirements may have already changed. Aside from the title, supporting documents to warrant the annotation of whatever nature may be required (like is it a loan from a bank or another lender etc). From my experience it took a month and less than P5k if I recall correctly. The bank processed the annotation.

  175. Elizabeth Chavez says:

    hi, ask ko lang po kung magkano magpa annotate ng tct sa registry of deeds ng binangonan rizal. and gaano po ba ito katagal. ano pong mga papers ang dapat namin dalhin bukod sa tct. thanks po.

  176. Anonymous says:

    very helpful with a candid explanation. although quite discouraged (not your fault) that it will eat up a lot of time and leave from work… thanks a lot!!!


  177. Geri says:

    Haha true! If you have cash to pay agents to do it for you, why not. But also, think of it this way. If that will be your home for the long term, then a week's effort, experience and learning is not so bad.

  178. First Time Mortgage says:

    i saw this really great post today!

  179. pen_name says:

    The advantage though of going through agencies or letting the developer / seller do it for you is that they might have a certain level of influence or clout with the government offices that individuals doing it may not have.

    Not referring to the corrupt or illegal one, but you know, if they are used to processing documents from well known developers, then such documents might be prioritized over small-time individuals.

    Sad but it can be true you know.

  180. pen_name says:

    Hi Anonymous. I'm sure there are independent individuals / manpower agencies whom you can hire to do this for you. Usually developers process this in bulk hence it takes some time.

    Honestly, I did the TCT transfer on my own (took me 3 VLs I think) then left the annotation to the bank. You will find guidance along the way so if you're up for the adventure, you might want to personally give it a shot. Goodluck!

  181. Anonymous says:

    Is there any freelancer who can do this work aside from the developer/seller?

  182. busymom says:

    Thanks for the detailed sharing on home loans and on getting a house. Sounds complicated nga but doable naman ng sariling sikap basta matapang ka. I remember the time when I had to do this. Ang mahal pag i-aasa mo lahat a agents. And ang hirap sa QC RD can I just say!

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