The OFW’s Top 5 Property Problems
As an OFW, your biggest challenge isn’t finding a property; it's managing it from afar. Distance creates gaps—gaps that often lead to stress, legal complications, and financial losses. Here are the five most common property problems that plague OFWs, and what you need to start thinking about to solve them.
Problem 1: The Document Disaster
You send money home for years to buy or build, but when you ask for the documents, they’re missing, faded, or incomplete.
- Lost Titles: The most common issue. The original Owner's Duplicate Copy of the Title is misplaced, destroyed in a calamity, or simply lost in a move. Recovering a lost title is a long, expensive court process that requires personal appearance or a well-documented SPA.
- Incomplete Paperwork: A Deed of Sale was signed, but the taxes were never paid, and the Title was never transferred to your name. You only have a stack of receipts, but no legal ownership.
- Expired/Outdated IDs: Your local government unit (LGU) and the Bureau of Internal Revenue (BIR) will require updated, clear copies of valid government IDs. If your documents at home are old, your transactions will stall.
The Solution: Immediately establish a secure, fireproof, and organized system for your "Big Three" documents (Title, Deed, Tax Declaration). Scan high-quality copies and keep them secure digitally, sharing them only with your trusted representative.
Problem 2: The Name Game (Wrong Names or Status)
Property documents must be absolutely correct. Even a simple typo or an outdated marital status can bring your transaction to a halt.
- Wrong Spelling or Name Variation: "Maria P. Santos" on one document, but "Maria P. Dela Cruz" (her maiden name) on another. The Registry of Deeds is extremely strict and will reject the transfer.
- Outdated Marital Status: The Title might list you as "single" even though you are now married, or vice versa. If you buy a property while married, it is legally considered conjugal, and your spouse's consent (and signature) is required to sell it.
- Deceased Parent’s Name on the Title: This is common for inherited properties. The property cannot be legally sold or mortgaged until it undergoes a complex process called Extrajudicial Settlement of Estate (EJS) and the title is officially transferred out of the deceased owner's name.
The Solution: Get a professional to review all your documents now. Fix these discrepancies before you decide to sell or transfer. It is always cheaper and easier to fix a title that isn't under immediate pressure to be sold.
Problem 3: The Scammer’s Trap
OFWs are targeted because of the distance and the perceived urgency of transactions. Be vigilant against two types of fraud:
- Fake Documents: Fraudsters can produce incredibly convincing fake Titles and Deeds. They prey on OFWs who cannot personally verify the documents at the Register of Deeds.
- "Fixers" or "Touts": These are unlicensed individuals who promise to speed up government processes for a huge fee. They often disappear with your money, or worse, use illegal means that result in your documents being invalidated. Never use a fixer. Always use a licensed real estate broker or a reputable real estate lawyer.
The Solution: Trust only licensed, verifiable professionals (PRC licensed brokers/agents or IBP lawyers). Always verify a Title's authenticity by having your representative apply for a Certified True Copy directly at the Registry of Deeds.
Problem 4: The Family Feud and Lack of Authorization
Family is why you work abroad, but they can be your biggest hurdle in real estate matters.
- Lack of Clear Authority: You rely on a relative to pay the taxes or oversee repairs, but they have no legal authority (no SPA) to sign crucial documents like a Deed of Sale or a Mortgage Application.
- Heir Issues: If a parent died without a will, all legal heirs (siblings, living spouse) become co-owners. Selling the property requires the consent and signature of every single heir. If one heir is uncooperative, the property is stuck.
The Solution: The next section is dedicated to this! The answer is a clear, notarized Special Power of Attorney (SPA) that legally formalizes the role of your trusted representative.
Problem 5: The Tax Confusion
Not knowing which tax is for whom and when to pay it results in huge penalties, which can be easily avoided.
- Ignoring the Annual RPT: Failing to pay the annual Real Property Tax (RPT) to the LGU leads to accumulating penalties and interest, and can eventually lead to the property being sold at a public auction.
- Not Knowing Who Pays What: In a typical sale, the seller pays the Capital Gains Tax (CGT) and Documentary Stamp Tax (DST), while the buyer pays the Transfer Tax and registration fees. Confusion can lead to a messy, delayed closing.
The Solution: Delegate the payment of RPT to your trusted, authorized representative and have them send you a copy of the official receipt every year. Always get a clear breakdown of tax responsibilities in your Deed of Sale contract.





