Owning a Property { HELP NEEDED PLEASE!}

[Jimbojac]

If any members here can help it would be greatly appreciated!

I was thinking of buying a modest 3-4 bedroom house and small parcel of land in Northern Mindanao. The title would have to be in my GF's name.

Questions:

1... Is there any truth that i can "lease it" from her to get over any legal ownership from me being a foreigner? I have heard you can draw up a 50 year lease at a ridiculously low rental rate just to keep it " legal."

2... What is the normal deposit required in % terms?

3... How easy is itfor me to open a bank account there where monthly standing orders/ mortgage re-payments can be drawn from?

Thanks folks for any advice, very welcome!

[Ako Si Jamie]

Don't mean to sound negative but I heard of someone who did something similar and his Filipina partner kicked him out the house after 3 months and he lost everything.

[grahamw48]

I wouldn't do it.

I USED to 'own' property in the Phils.

My ex does now...plus the 16 hectares of rice land she inherited.

It's your life and your money though.

[fred]

As you seem to know..You cant own property in the R.P.. You can lease land for 25 years renewable for another 25 BUT NOT FROM YOUR MRS!!!! There are anti sham laws here designed to protect the constitution that says Foreigners cant buy land!!!
Lease from others but not your wife..Should be fine.
Ive got some for lease!! Interested?

[Jimbojac]

As you seem to know..You cant own property in the R.P.. You can lease land for 25 years renewable for another 25 BUT NOT FROM YOUR MRS!!!! There are anti sham laws here designed to protect the constitution that says Foreigners cant buy land!!!
Lease from others but not your wife..Should be fine.
Ive got some for lease!! Interested?

Cheers Fred,
Thanks for the advice, there are only 2 places that i would consider at the moment Mate and they are Dipolog { where her family is } and a tiny town called Lanuza in the NE of Midanao where being an addicted surfer of some 32 years is an absolute paradise for me and my Jersey Surfie Mates.
If there is a chance that you have land anywhere near then sure........
Have a great week-end!

[Jimbojac]

Don't mean to sound negative but I heard of someone who did something similar and his Filipina partner kicked him out the house after 3 months and he lost everything.

Us Jersey boys are tight as crabs a*ses and having an accountant as a brother increases the paranoia!!
Its just a thought, its so cheap down there and i had half a homestay 2 bedroom upstairs and new build for basically a £5 fiver a day, renting, aircon and all bills paid in Mindanao which was brilliant but been thinking long term for a while now. There is no hurry and weighing up all options...
Thanks.

[Jimbojac]

I wouldn't do it.

I USED to 'own' property in the Phils.

My ex does now...plus the 16 hectares of rice land she inherited.

It's your life and your money though.

Hmmmm think i will keep it simple for now and just rent.
Thanks.

[Rosie1958]

Hmmmm think i will keep it simple for now and just rent.
Thanks.

A very wise decision!

[stevewool]

hi fred where is this land and can i build on it too

[Terpe]

Well Jimbojac, it seems I'm already a little late to add my comments.
Never mind, I'll go ahead anyway even if it's all been said before.

I think from the responses already made you could begin to think it may not be a good idea.
But....I always try to be positive.
We should not live in fear to grasp someting because what we are doing might not work or might not be risk free. We should at the very least get as much advice as possible before abandoning our ideas.
So I would say make a project, do your own full research to your own full satisfaction.

But as a guide to my thinking:-

I have a number of properties in Philippines. Hopefully, what I have learnt in the last 15 years
might help others.
All my properties are a gift to my wife.

Do you trust your G/F ?? (you don't need to answer that on a public forum by the way)

If yes then make such purchases a gift. If no then don't do it.
Anything else is just delusional. In my personal opinion.
Having any interest or control over the property would be giving you a right that you can never have.
When you get down to it, we foreigners don't have any rights to property whatsoever.
That is the way the government demands it, and they been sure to passed a lot (I really mean a lot) of
laws to achieve it.

You may hear or learn of many clever and innovative ways to get around the law. Forget it.

The problem is that most foreigners believe things will be quick and easy and with legal papers/contracts with weasel words that make things under their control and risk free, regardless of what/who they are dealing with.

In the Philippinnes beware.
Learn, then kick back and roll with the punches is all I can say.

Questions:

1... Is there any truth that i can "lease it" from her to get over any legal ownership from me being a foreigner?
I have heard you can draw up a 50 year lease at a ridiculously low rental rate just to keep it " legal."

As you already know foreigners may own buildings, houses or strucures legally in the Phils but a foreigner cannot
either own the land or control the land on which it is built.

It is legally allowed for you to lease:-

The following is from Presidential Decree 471.

Section 1. The maximum period allowable for the duration of leases of private lands to aliens or alien-owned corporations,
associations, or entities not qualified to acquire private lands in the Philippines shall be twenty-five years,
renewable for another period of twenty-five years upon mutual agreement of both lessor and lessee.

But don't believe that this would 'get over any legal ownership' ... it wouldn't. You own nothing.
If ever you would be legally contested you would lose.


2... What is the normal deposit required in % terms?

Deposit for what? Purchasing? Leasing? Depends on the contract between buyer and seller.

3... How easy is itfor me to open a bank account there where monthly standing orders/ mortgage re-payments can be drawn from?

The banks in Phils are a strange lot. Many regulations. Branches often seem to operate differently.
The best way, in my opinion, is to have someone (known to the bank) introduce you to the manager and see how it goes from there.
The manager is the only one to see. Nobody else has the authority and will only follow their check list and say no.
But why have a bank account?
Mortgages/Housing loans in Phils are very expensive, if you can find one. They are not generally spread over a long term like UK
You'd be better off, I think, making a loan in UK and using that money to fund property purchasing in Phils.

Maybe fred can give better info

Just my opinion Jimbojac, no offence meant by my 'direct' approach.

BTW, if you will go ahead, post again and I'll try to help with how to actually purchase a Clean Title. No simple matter.

[ampy]

hi there, all i can say is ,if you trust your gf ,go ahead,if not yet ,well just rent for a while ,plus a property specially in mindanao will not cost you an arm and a leg,My hubby bought property in the philippines,after almost a year of us being together,,,,he said he dont care if we will leave together a month,3 -5 yrs ,,all he cares is he was happy and enjoying his life with me,,,by the way he passed away 4 yrs ago after 15 years of being together,he died happy and left me all properties in the philippines and in th ek.
Btw i tried to sell one of our house,his name was on it so i needed to show them the proof of his death,sealed and original copy from the uk,
If we all worried about things that might happened how can we be happy,just be careful and dont put all your aces down till you are 100% sure of her. enjoy,, life is full of surprises !

[Jimbojac]

Thanks Terpe, and really a BIG THANKS ok because that was a long posting and i appreciated your time and effort!!
As many on here will attest myself included the Philippines has got under our skin, with every trip it feels more like a home and i am at the stage where i even want to learn tagalog { i hate learning any language btw!}
I've got 5 trips under my belt now in the last 18 months and planning to head back for a quick stint in April.
My GF is a hunnie and she certainly ticks the boxes, i was a real player in my youth and i feel that it certainly doesn't get better than this and i feel blessed to have met such an honest and sweet warm girl and cannot imagine now being apart from her too long. Her family are lovely too and are very welcoming.
Mindanao is very cheap compared to other places i have visited and most of the people are very warm, her hometown of Dipolog is relatively safe with a fair few ex-pats around mainly made up of Yanks but a fair few Brits...... a nice blend of rural Philippines with enough " Westernisation" to balance things out.
I have checked out a number of rentals and believe me there are some nice modern and clean 2 bedroom appartments starting at 5000 a month, i got offered a beautiful 5 bedroom " new build" detached house in a gated community for 12,000 a month which was really nice but we simply would not use half the space.
All advice given here is greatly appreciated and even with my appetite for all things Filipino i am gonna sit back and wait for a while. My accountant Brother is gonna come and stay for a while after a Surfing stint in Indonesia and i will see what he thinks and says too, he is a rich bu*ger and if he is getting excited i will keep you folks posted!
{ If we buy a gold-mine will let ya know too!!} Haha!!
Enjoy the rest of your week-end!

[Jimbojac]

hi there, all i can say is ,if you trust your gf ,go ahead,if not yet ,well just rent for a while ,plus a property specially in mindanao will not cost you an arm and a leg,My hubby bought property in the philippines,after almost a year of us being together,,,,he said he dont care if we will leave together a month,3 -5 yrs ,,all he cares is he was happy and enjoying his life with me,,,by the way he passed away 4 yrs ago after 15 years of being together,he died happy and left me all properties in the philippines and in th ek.
Btw i tried to sell one of our house,his name was on it so i needed to show them the proof of his death,sealed and original copy from the uk,
If we all worried about things that might happened how can we be happy,just be careful and dont put all your aces down till you are 100% sure of her. enjoy,, life is full of surprises !

Firstly Ampy i am sorry about your husband passing away and as you yourself quoted it was nice that he died a happy Man.
You deserve to be left some of his assets just as i would want my loved ones to be catered for in the event of me passing.
For many years i was a car salesman and believe me that is not a well liked profession { i actually left it after becoming sick of all the lying and back stabbing that seems to be expected from the bosses } What it did teach me was to really doubt and trust peoples motives and we even had courses in body language! So.......after all that i know how to spot lies and deception in others very quickly and believe me i am very careful but i DO TRY not to judge also. Sadly the scams and corruption are indeed an integral part of life to some in the Phils purely because they are desparate simply to feed and cater to their families, a situation that is overlooked here in the very affluent West.
You know this Ampy but the huge majority of Filipinos are warm lovely people that keep me and many others coming back time and time again. I LOVE THE PLACE!

[Steve.r]

I think you have had some great advice Jim, and from guys who have been there and done that. I have a property with my asawa also. For me it is a matter of trust between the two of us. My asawa already has a nice house with a big lot. Our new house lies on a smaller lot, but in a nicer area next to our farm. Making this committment for me was of course a leap of faith, but if you are looking to change your life (like me) then you make your choice. Being able to go to the Philippines and go 'home' is a great feeling.
I guess what I am trying to say, is do not look at this as an investment opportunity, do it and go there because you love being with your mahal and living in a different culture to ours, I think that way you will become far richer.

Steve

[Jimbojac]

I think you have had some great advice Jim, and from guys who have been there and done that. I have a property with my asawa also. For me it is a matter of trust between the two of us. My asawa already has a nice house with a big lot. Our new house lies on a smaller lot, but in a nicer area next to our farm. Making this committment for me was of course a leap of faith, but if you are looking to change your life (like me) then you make your choice. Being able to go to the Philippines and go 'home' is a great feeling.
I guess what I am trying to say, is do not look at this as an investment opportunity, do it and go there because you love being with your mahal and living in a different culture to ours, I think that way you will become far richer.

Steve

Cheers Steve and by the way i have seen you have contributed a lot of good postings here, nice one!
Hmmmmm the way i have written was almost a bit tongue in cheek as i don't wanna give out the impression that it was really for investment purposes. My GF's family do not have very much and it was more for her and them and a place where i can maybe rest my head for a while. I am really into my surfing still and travel a lot all over with her staying at various places along the Filipino coastline.
Just a few weeks ago i put down a deposit and months rental for a basic property in Dipolog which has greatly improved their lifestyle, something which i was happy to do and at a very small price for many of us here in the UK. I have arranged a twice monthly amount to be paid onto a currency card that i gave her. { thats all the personal info i can give out for now. }
Its that age old question...........even with the very modest rental outlay i still feel it would be nice to own a place but ownership is i guess for me not that important just yet but i feel in months and years to come it will be.
Have a good week-end.

[Steve.r]

Thanks Jim.

[fred]

hi fred where is this land and can i build on it too

Its on Panglao island Steve,, Its very rural and quiet and not for everyone... We've applied for title and once we get that I am thinking of subdividing into smaller and more affordable lots and perhaps leasing them to foreigners that want to live out in the sticks.. Like me! Oh..And we have Tarsiers!!
Its about 400 meters from the highway (cheaper land)
and a rough barangay road to get in but I will be developing all that myself in time..
Its the lease holders for 50 years. Of course you can build on it just as long as its purely residential...I dont particularly want to live next door to a piggery!!
Cheers,
Fred.

[Jimbojac]

Its on Panglao island Steve,, Its very rural and quiet and not for everyone... We've applied for title and once we get that I am thinking of subdividing into smaller and more affordable lots and perhaps leasing them to foreigners that want to live out in the sticks.. Like me! Oh..And we have Tarsiers!!
Its about 400 meters from the highway (cheaper land)
and a rough barangay road to get in but I will be developing all that myself in time..
Its the lease holders for 50 years. Of course you can build on it just as long as its purely residential...I dont particularly want to live next door to a piggery!!
Cheers,
Fred.

Now, if only there is some decent waves there..............
Looks beautiful there Fred, i had never heard of the place, i looked it up on Wikipedia.
Are you often there as i need some paperwork etc sorted out in Cebu in a few months and may check it out and have a beer?

[malditako]

some subvision company offer sale ( house and lot) to their foreigner clients to their name but treated as investment...u may want to check that.

[steve monty]

I was looking at what was available to buy property wise in the Philippines after reading this thread. You can even buy your own Island!!! Or maybe for your wife or girlfriend!!

http://www.islandsproperties.com/pro...9700/index.htm

[Farmerg]

I was wondering if I was to give a house in the Philippines [ Mindanao ] to my girlfriend & then we married and she relocated to the Uk, would there be a problem with her still owning the house?
I just exploring my future options & have no plans right now..... just in case she reads this

[grahamw48]

No there wouldn't be a problem her owning it.

[fred]

some subvision company offer sale ( house and lot) to their foreigner clients to their name but treated as investment...u may want to check that.

Foreigners can only buy condos and certain town houses but the total development must have at least 60% Filipino equity.
Any other arrangement is a scam.

[fred]

Now, if only there is some decent waves there..............
Looks beautiful there Fred, i had never heard of the place, i looked it up on Wikipedia.
Are you often there as i need some paperwork etc sorted out in Cebu in a few months and may check it out and have a beer?

Did you say beer??
No problem.. Let me know when you decide to pop over..

Where do you go surfing?? Not my game but spent time in Catanduanes in Bicol.. From memory there were guys surfing there..For some reason I remember someone mentioning Southern Samar too..

[Jimbojac]

Did you say beer??
No problem.. Let me know when you decide to pop over..

Where do you go surfing?? Not my game but spent time in Catanduanes in Bicol.. From memory there were guys surfing there..For some reason I remember someone mentioning Southern Samar too..

Philippines is one of the last great frontiers in terms of surf discovery..........
All surfers worth their salt { no pun intended} have heard of Majestics in Catanduanes that you mentioned and also the very famous Cloud 9 in Siaragao Island but there are quality spots all over. Surfers are incredibly protective about these places similar to fishermen and their favourite secret spots.
Southern Samar is superb, Calicoan Island in particular, i am loving the NE of Mindanao, a few known spots there but some great potential for exploration exists.
Beer for sure Mate and am supping one as i write this, Red Horse is the go for me in the Phils! Hope to catch up when i am back in approx 10-12 weeks in the Visayas.
Take care and hope all is well with you!
Jimbo.

[Jimbojac]

No there wouldn't be a problem her owning it.

Just the dozen or so relatives living there when ya decide to go back!

[grahamw48]

Absolutely spot on !

[ampy]

well good luck jimbojac,,,, i wam wisshing allthe best,,

[ampy]

very nice i love that!!! your asawa is very lucky lady .good luck

[Jimbojac]

very nice i love that!!! your asawa is very lucky lady .good luck

Thanks Ampy and best wishes.
Jimbo.: