Philippines  |  Real Estate Law

Legal Question

Asked on: 3/26/07, 2:15 pm

deed of absolute sale

Atty,

My father had executed a deed of ''conditional sale with the assumption of mortgage'' agreement with the a family composed of a mother and three children of legal age who have put the subject land under a mortgage for about Php 1.4 million.

Basically, the contract states that my father will assume the responsibility of paying the mortgage but in return he will get the land.

The contract has a clause that states ''this conditional sale will become absolute without the necessity of executing a deed of sale upon the cancellation of mortgage.''

My father was able to pay the mortgage execute a cancellation of mortgage before he died.

I would like to know if the conditional sale with the assumption mortgage and cancellation of mortgage documents will make us the rightful owner of the property even without the the deed of absolute sale.

We found out that the land title was falsified and registered under a name. We sought the help of the family who originally owns the lad but they wanted that we split the property if we win the case. They are telling us that the property will go back to their hands once the case is over and they wanted to enter in an agreement with us.

please enlighten me.

thank you very much

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