"My child, listen to what I say and remember what I command you. Listen carefully to wisdom; set your mind on understanding... Only the Lord gives wisdom; He gives knowledge and understanding. He stores up wisdom for those who are honest. Like a shield, He protects the innocent. He makes sure that justice is done and He protects those who are loyal to Him."
Prov. 2: 1-8
I need assurance that I am doing the right thing and I read Proverbs 2 in my devotion today.
I paid P74,783.50 for the transfer of my CCT on 23 August 2007. On 11 October 2010, developer wants additional P35,009.21 to make a total of P109,792.71. Yesterday, I handed a check for the acceptance fee of my case to a lawyer. Over P100K of estimated legal fees vs P35K of additional transfer fees. Wisdom or simply crazy...
I weighed the consequences in my mind over and over again. If I am doing something that is not according to God's purpose, I could lose a lot of money. However, if God is allowing things to happen to strengthen my resolve to correct a wrongdoing, this incident would be one of those feathers in my cap.
I have never hired a lawyer in the past. Never thought I needed one. I follow rules. As a Christian, I am aware of consequences of wrong doing. I like my simple life. Abiding by biblical teachings, I believe I always have God's protection in anything that I do. So why is this happening to me?
A fellow homeowner mentioned once that developer overcharges transfer fees. I turned a deaf ear. I paid my transfer fees and submitted the required documents in August 2007. I was told they would call as soon as the CCT is available. 3 years after, I have not received a call. I went to the developer's office to personally make my follow up on October 2010. This time, I was handed another statement of account for additional fees. So this is happening to me because I wanted no part in taking a stand on overcharging of fees.
By some turn of events, I found myself affiliated with another developer's real estate team. A broker's review class was opened and would cost me P10,000 to understand laws on real estate transactions. It was expensive for a few days class. But a quote made me take the class.
"If you think education is expensive, try ignorance."-- Andy McIntyre and Derek Bok
In the review class, I learnt about PD 957, also known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE. Googling about sanctions on violations of PD 957, I found out that administrative fines is only P10,000 and penalties is only P20,000. No wonder the developer violates it with impunity... Based on my interpretation of Sec. 25 of PD 957 and computation from information I got from Assessor's office and Registry of Deeds, my transfer fees for a 3BR should be P35,339.76. Overcharged amount is P74,452.95. For my friend's 2BR, transfer fees should be P30,403.26. Overcharged amount is P55,336.95. Assuming an overcharged amount of P15,000 per unit and 2000 units in the entire condominium project, its a whopping P30M in overcharged fees. Why am I learning about this?
Sec. 25 Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fees except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within 6 months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith.
I prayed to avoid going to court. The last sign I asked God was for the developer to release the title when my lawyer sent the demand letter. The developer did not reply.
My mind and heart is set. I will fight a Goliath in court. In the HLURB meeting I had last 18 August 2011, I stated that God sent me there. The lawyer of the developer scoffed. I still have to learn if I have to suffer for righteousness sake or justice would be God's reward for a road less travelled. Please pray for me. If you think I am standing for what is right, please pray that I will be in good health and safe to finish what I have started. That God will provide the legal fees to see through the entire case. To those who disagrees that a Christian should file a case in court for such matters, please pray that God convicts me and grants me wisdom to do what is right.
Going through life, I learnt that one experiences life by living it. Thank you God for the learning.
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