Title

How do I know if the property I am buying has a clean title?

Finally, you can now afford to buy a property using your hard-earned money. In real estate transactions, before signing the deed of sale, you must first check that everything is in order. As an investor, do not fall prey to titles with hidden encumbrances or worse, a fake title. Be a wise and diligent buyer by checking the veracity of the title of the property you are purchasing. You must evaluate a property to be able to make informed decisions and purchase with confidence.

Conduct Due Diligence in Real Estate Investment

Due diligenceis the process of in-depth investigation, evaluation, and inspection procedure that assists in identifying potential risks, liabilities, and problems associated with a property before the completion of a transaction. Due diligence helps identify any legal, financial, or physical issues that may affect the property’s value or ownership rights. A real estate investor needs to know the real estate due diligence process before you purchase a property because it helps you make an informed decision.It would be best to get the expertise of lawyers or experts to make sure that due diligence on a property is done right.

Here is the due diligence checklist that you need to observe in buying a real estate property before you close the deal:

  1. Check the authenticity of the Title

    You may verify the title with the Registry of Deeds by securing the certified true copy of the title (it is a blue copy on security paper).

  2. Double check the owner-seller’s identity

    You may ask the seller for the disclosure of his/her identity. He/she must show you his/her valid government IDs to verify if the seller’s actually the owner of the property. It is important to note that you must only buy property from the owner. Only the owner can actually sell the land, or his duly authorized real estate agent. Also, if the owner is married, make sure that he/she has the consent of the spouse. Better yet, make sure that the spouses will both sign the deed of sale.

  3. Check the owner’s Duplicate Certificate

    Duplicate Certificates distinctly have “Owner’s Duplicate” marked right above the title number if you already have the e-title.

  4. Property Inspection

    Inspect the property by making sure that the zone or land area and the location indicated on the title are both accurate. You may need the services of a surveyor or real estate professional for this purpose. You may also check the physical condition of the property before closing a deal.For houses and improvements, check the structural, electrical, and architectural aspects of the house or building by having the services of an engineer/architect.

    Check also if the area is prone to flooding and if there are easements of the right of way on the land

    For the price, check the zonal value of the area where the property is located and the assessed market value not only of the subject property but also that of the neighboring properties as well.

  5. Traceback the ownership history

    Secure a copy of the previous canceled titles prior to the current title.

  6. Verify the name on the title and pertinent documents

    Check if the registered name on the title is the same as that in the tax declarations and other pertinent documents.

  7. Check if the property is free from any annotations or encumbrances

    Get the updated Certified True Copy of the Title from the Register of Deeds to check if the seller is the registered owner of the property.The annotations for the liens and encumbrances are found on the back page of the title or the following page(s). If the back page of the title or the following page(s) is/are blank, it has no recorded liens and encumbrances. However, to be sure, check the title with the Registry of Deeds because while the owner’s duplicate may be clean, the Registry copy may not be.

  8. Check the real property tax clearance.

    Make sure that the real property taxes are being paid by the owner yearly. The owner must not have defaulted on payments.

Need further information and assistance inProperty Due Diligence?Talk to our team at  FILEDOCSPHIL to know more about the requirements and process. Call us today at  (+63) 917 149 2337 or send an email to info@filedocsphil.com or simply message us through the live chat for more information.

Latest Blogs

notary public for deed of absolute sale
The Role of a Notary Public in Execution of the Deed of Absolute Sale in the Philippines for Land Title Transactions
Common real estate transactions are buying and selling a property, and one of the legal steps is to execute a…
Title
transfer of shares of stocks provider
The Importance of Service Providers on Transferring Shares of Stocks in the Philippines
A stock is a type of investment that represents an ownership share in a company. If you own shares of…
Transfer of Shares of Stocks
cana for apostille
What You Need To Know on Processing CANA for Apostille Philippines
You may find yourself in need of obtaining certain requirements that are required to be submitted in a foreign country…
Apostille, Document Request