Please help - Re: Inheritance

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KositaQ

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Nov 16, 2004
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I need help on this issue. When my grandma died in 1998 at 98 yrs old, the house she owned was split between her three children (my father and two sisters). My mom, me and my siblings were all in the US because he wanted it so, me and one of my siblings were born in the USA.

My father who was in DR at the time made arrangements to buy grandma's house from his two sisters (their share) before he died later on in the same year. We did not know he died until one of the sisters called my mom but by then it was too late - the first thing she did when he died was raid our house where we grew up and take all that was in there, (even the family pictures!), then went to grandma's house and dumped it all in there to live in there herself with our stuff that we had to leave in DR, then when she could not get anything more she called my mom and told her she had to pay for the autopsy and all. To top it all off, we have no documentation of whether our father bought the house although he did give them money - He wanted to buy the house to live in it. That much we know (unfortunately), he never said a word of this to the family. Only my mom knew... :cross-eye

My mom went there alone without us (it was her wish) and when she 'took care of business' she was told by the lawyer that by law me and my siblings inherited the part of the house that belongs to our father, and that we had to sign off a derecho de poder for the house to be sold (because the sisters wanted to sell the house). The documents that they faxed us to sign had a lot of errors and inconsistencies (these even had our wrong names spelled out!) I did not want to get involved and suspected something wrong so I advised my siblings not sign on the papers so we did not do so - and we also believed that the house would not have been sold without our signatures since we wanted to carry our father's wish to keep the house.

Now I just found out that this tia called my mom saying that she sold the house to a person from her church who works for the Dept. of Tierras (or is it Haciendas? I have no idea). :bandit: She also said that she has the money from our share of the house and wants us to come and get it and that we need to sign another derecho de poder (!?)

I assume this is illegal and sincerely regret not having done anything sooner. The house if you happen to pass by and see it, it's located in Felipe Vicini Perdomo # 11. This aunt said that she had to sell the house real cheap because no one wanted to buy it - I know the house is really old and there is no space and probably looks like a shoebox - pero no me creo ese cuento... real estate is real estate and the value of a house and land - especially a house that old - has value - no matter where you live - aqui o en la china. of course you have to consider location - that area is partly commercial if not historic....

My siblings do not want to be involved in this and they think it is a lost cause. They also believe that the proceeds of the house that belong corresponding to us are probably worth a pack of gum anyway. But I have reason to believe that she did something wrong and illegal here. I need to know if it is not too late for me to do something about this. What do you think should be done in this case? Any help or advice on this matter is greatly appreciated.
 
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juanita

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Apr 22, 2004
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on the map

For people to get a better idea, you can use this map to see the location, assuming it is in Santo Domingo.

http://www.iruta.net/

I was gonna put the direct link but it doesn't work.
 
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Naufrago

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KositaQ said:
What do you think should be done in this case? Any help or advice on this matter is greatly appreciated.
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For all of reasons that you mentioned, you obviously need to resolve this issue. It's not only about the money but it's about yours Father's wishes and your sense of fairnes. More time will only further cloud the issues, so I suggest you do everything you can do now to try to resolve the conflict. This probably means coming down here, talking to your aunts, and sitting down with a lawyer here, if it comes to that. You can ask us for referrals, but go slow with the lawyers until you come down and see what your actually fighting for. Maybe you will feel better, once you see the property, talk to your aunts, get some things off your chest, and maybe come to a larger understanding of the situation. Without getting a legal bill to boot. Good Luck, and when you get down here, let us know how this turns out. :glasses:


Oh, and by the way, Welcome to DR1! ;)
 
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KositaQ

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Nov 16, 2004
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juanita said:
For people to get a better idea, you can use this map to see the location, assuming it is in Santo Domingo.

http://www.iruta.net/

I was gonna put the direct link but it doesn't work.
Click to expand...

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Yes, it is in Santo Domingo - the name of the area is Villa Consuelo. Appreciate your help...Tks ;)
 
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KositaQ

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Nov 16, 2004
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Naufrago said:
For all of reasons that you mentioned, you obviously need to resolve this issue. It's not only about the money but it's about yours Father's wishes and your sense of fairness. More time will only further cloud the issues, so I suggest you do everything you can do now to try to resolve the conflict. This probably means coming down here, talking to your aunts, and sitting down with a lawyer here, if it comes to that. You can ask us for referrals, but go slow with the lawyers until you come down and see what your actually fighting for. Maybe you will feel better, once you see the property, talk to your aunts, get some things off your chest, and maybe come to a larger understanding of the situation. Without getting a legal bill to boot. Good Luck, and when you get down here, let us know how this turns out. :glasses:


Oh, and by the way, Welcome to DR1! ;)
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Makes sense. Appreciate your honest feedback. The thing is now whether this tia is to be trusted, and whether the whole thing is really worth a trip to DR (I had not been there in more than 10 years!). I will give her a phone call and see how it turns out. I am hesitant about the phone call, though..... :cross-eye
 
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Naufrago

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KositaQ said:
Yes, it is in Santo Domingo - the name of the area is Villa Consuelo.
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Just so you know, Villa Consuelo isn't a terrible area, but it is a low rent Bario, and probably not something that you would want to move into for your retirement. If it is one of the little shoebox houses that are all attached side by side, it's probably not worth much by US standards. But, call your aunt and let them know how you feel. Maybe take a vacation for a week, lots of nice cheap vacation packages, and take a day to see for yourself.
 
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jskr1us

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Apr 29, 2003
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Thoughts

First based on my understanding you are correct (I'm sure the resident legal authority on this board will verify) their is a cloud on the land title. If you wish to cary this through (honor your father's wishes) you could strengthen your position by buying out your siblings and possibly your mother's shares (should not cost you much if as you say they are not interested) of intrest in the property. Legally getting someone out of the property may be a problem however particularly if they are connected. First you need to decide how far you want to take this, what you are wiling to spend both financially and emotionally (how angry you are with your aunt and if you don't care about the cost if this just for the principal of not letting her get away with what she has done). One thing you need to watch out for is that not all legal professionals in the DR are looking out for your intrest many are only out to get you to spend money. Be sure to get a reputable lawyer who comes well recomended (suggestions can be made by others on this board). Do not think that because you are Dominican ancestry you will be treated fair by anyone in the DR, that is not recomended toyou from a good source. It is regretiable (and I think a disgrace) but it has been my wife's experience now that she is in the US many in her own country have taken advantage of her trust and feel that it is ok to cheat her because she is no longer a dominican in their eyes. Be wise, careful and smart. - Good Luck! No matter what you decide to do.
 
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KositaQ

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Nov 16, 2004
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jskr1us said:
First based on my understanding you are correct (I'm sure the resident legal authority on this board will verify) there is a cloud on the land title. If you wish to cary this through (honor your father's wishes) you could strengthen your position by buying out your siblings and possibly your mother's shares (should not cost you much if as you say they are not interested) of intrest in the property. Legally getting someone out of the property may be a problem however particularly if they are connected.
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Appreciate your feedback. Now I want to know how do I get a copy of all documentation pertaining to the sale of this house. I need to be prepared beforehand, and I know that if I ask this aunt to send me over all the papers she will only send me what she feels like sending to me. I need to know how to go for any record of any documentation filed for the sale of the house - the Dept. of Tierras should have this on record - how do I go about that? I need a strategy.

If I ask her now about the house - like, how much did she sell the house for? - she will tell me only what she feels like telling me. I mean, since she did all of this, what can possibly tell me that she is to be trusted? I need to think about what I am going to do in this case.
 
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KositaQ

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Nov 16, 2004
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Escott said:
If you still have to sign something there was NO change of title yet.

Problem is "Do you really want this hassle"?

Best of luck.
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Now I understand.....no wonder she is so willing to let us come by and sign the power of attorney - I called her last night and she lied thru and thru - she was also reluctant to give me the name of the lawyer (or lawyers) she dealt with, and wants us to let her know in advance when we are coming (perhaps to hide all the things she stole from my father and to stage her lying charade)....

The thing is now: if there was NO change of title and the transaction for the sale of the house was still made, then it is either a 'by word' arrangement with the alleged buyer, or it was illegal. This aunt now lives in that house (base floor) and the other lady only bought the upper floor (?) - I do want justice from all of this. No crime should go unpunished. I want justice. It's a matter of principle and equitry. I want justice!!

I need to know how to get all the papers and the information from Registro without having to deal with this aunt...What she has done is disgusting! She obviously has no respect for anyone but herself.

I would like someone to refer me to a respectable lawyer or free counselor or something.
 
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hollywood north

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Sounds like she has helped herself to the house, rented out the upstairs receiving rental income.
I would pull a surprise visit. You probably will not like the answers you get. Perhaps hire one of the lawyers suggested on the board - and get to the bottom of it. You may walk away with only a bill to pay however peace of mind can sometimes be worth more than that.
Sorry-cannot help any other way.
 
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jskr1us

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Additional Word of Advice if you go

Do not go alone and make sure you in no way can be accused of intimidation (I might hide a tape recorder on me in the on position or a video camera if possible) based on what you have reveled if not prepared to defend yourself from false accusations you could end up in Jail. This is advice I would give any one entering such a situation in any country, where especially if they have no local support or contacts where they are going.
 
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jskr1us

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Information previously provided by Mr Guzman Re Title search

KositaQ said:
Appreciate your feedback. Now I want to know how do I get a copy of all documentation pertaining to the sale of this house. I need to be prepared beforehand, and I know that if I ask this aunt to send me over all the papers she will only send me what she feels like sending to me. I need to know how to go for any record of any documentation filed for the sale of the house - the Dept. of Tierras should have this on record - how do I go about that? I need a strategy.

If I ask her now about the house - like, how much did she sell the house for? - she will tell me only what she feels like telling me. I mean, since she did all of this, what can possibly tell me that she is to be trusted? I need to think about what I am going to do in this case.
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Information previously provided by Mr Guzman Re Title search
In theory, a title search under Dominican real estate law should be an easy undertaking. You go to the Registrar of Titles in the jurisdiction where the property is located, show her (in Puerto Plata, it's usually a lady) the correct Parcel and Cadastral District numbers, and ask for a certification describing the status of the property. The Registrar will then search the appropriate registry books and files and upon finishing her task will issue, under her signature and responsibility, the required certification detailing all the liens and charges, if any, encumbering the property. An attorney'_ obligation in the title search is limited to requesting the certification. In other countries, the title search is done by an attorney who then issues a legal opinion. In the Dominican Republic the search is by law the responsibility of the Registrar who as a government officer will attest to and certify the condition of the property in question.

In the real world, the overworked and underpaid Registrar of Titles has neither the time nor the staff required to do complete title searches. As a result, many certifications stating that a certain property is free and clear are incorrect and the buyer doing a transaction will find himself later with a lien or mortgage on his property. It is true that as a purchaser of good faith the buyer will not be legally responsible for the lien. However, he will have to go to Court to lift it and this may entail expensive litigation (maybe against a bank with deep pockets) and time. In theory, the Registrar is legally responsible for the erroneous certification and should pay from her own pocket the party with the lien or mortgage who was damaged by his mistake. In the real world, Registrars are insolvent and therefore unable to compensate their victims.

Obviously under these circumstances any conscientious lawyer will do the title search himself, going to the registry and spending the hours or days required to do a thorough job. The Registrar is usually more than happy to allow us do the work for her and will sign, at the end of our search, the legal certification. We have learned how to do our job amidst the clutter. Practice makes perfect. We know in which drawer of which desk the Registrar keeps the latest notices of liens. Sometimes we go as far as to donate filing cabinets to keep the records of certain Parcels of interest to our clients.

Unbelievable as it may seem, many attorneys don't even take the trouble of asking the Registrar for a certification, much less inspecting the Registry themselves. It is a sad truth that the standard of practice in the legal profession in the Dominican Republic is very uneven. We do have many reputable law firms with good track records in dealing with foreign clients. But we also have many attorneys who are inept if not crooked. You cannot just assume that the average lawyer is competent to do even a simple real estate purchase. Do your homework, consult with your Embassy or your attorney back home (he'll check legal directories), get recommendations from previous buyers, and you will end up with a qualified attorney who will make sure things go right. Personally, I have handled numerous real estate transactions in my 18 years of practice in the field without any problems.
 
K

KositaQ

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Appreciate your feedback on this. Now all I can do is wait. I just found out that my siblings are interested. But here comes the good part: There is no change of title, all of a sudden both my siblings are interested in getting some money at least; and my brother (as I also just found out - the only witness to the buyout of the house by our father) is now saying that he will go there to DR (he was the one born there, the one my father took everywhere even to grandma's house and to the lawyers, and he told my mom that he thinks he can sweet-talk this aunt into selling him the whole house. He disregarded me as being of help and he believes he does not need my signature. So much for 'strength in numbers'. Looks now like this is a lost cause but apparently not for my siblings. Good for them.

I sincerely hope they can recover the house and fulfill our father's wishes even if they have to give this aunt money to buy out the whole house again. And I sincerely wish them good luck trying to do all of that without my signature.

All I know is that if they do not come thru and that does not happen, the final outcome would be that this alleged buyer will want either the title or her money back, which this tia spent already. Either this aunt comes up with all the money she spent or she goes to jail; or perhaps she will have to sell out her 'part' of the house. Or she will probably 'beg me' to sign off this power of attorney. Either way there is some retribution in all of this. Justice would have been served con su salsa y todo!

Based on these circumstances (unless something changes here) I have decided to stay out of all of this for now. At the same time I have to protect myself. If anyone ever even tries to forge my signature, that person will be in a heap of trouble, because I will have that noted in advance with my lawyer.

Thanks anyway, and if I hear something worthy to be posted here I will keep you posted. I sincerely appreciate all your support and advice. ;)
 
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jskr1us

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Value or precieved value brings all into picture.

Is it not incrediable how a value or precieved value on the part of others brings people who have no intrest back into a process. Additional word of advice if you care to take it - Make it clear that your brother has no authority to act on your behalf re your inherited intrest in the property if you do not want him to act as your agent. Could save you problems in the long run.
 
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