Saturday, March 21, 2009

Who is the rightful owner of a parcel of land?

Engr. Reino S. Gutierrez owns a parcel of land where he has tenants. The land was mortgage at the bank and unfortunately the was acquired by the bank. What tenants did was to pay the all dues to pullout the land so that they can get there share. One of the tenant sell the land to me. The tenants let Engr. Gutierrez do the subdivision of the land and the transfer of titles to the buyer of the subdivided land. It is more than a year now that we have given Engr. Gutierrez the money for the transfer of title but he did not to the same. He has all the original title and deed of Sale.


From your question, I think you are either outside the US or you do not understand how foreclosures work in the U.S. Here, what you described should not happen. The only thing I can recommend is that you hire a local real estate attorney.

Sounds like you guys created a mess and nowhere do I see you had the advice of legal council. None of what you described sounds legal.

Whoever "thinks" they own the land probably doesn't. A tenant (a renter) cannot purchase a property and acquire ownership just by paying what is overdue...by law there has to be a legal foreclosure process.

Gutiereez CANNOT transfer the title of land to you BECAUSE HE DOESN'T OWN IT. How do you KNOW he has original title and deed of Sale? Because he said so? Or because you KNOW so?

You got scammed, and you need to see a Real Estate attorney to straighten out the mess.

Contact your local D.A.

Whoever holds the title owns the land. Of course, you can contest this in court. This is something for a judge to decide.

No comments: