Foreclosure Procedures Under Property Registration Decree (P.D. No. 1529)
- Judicial Foreclosure:
- Requires court order confirming sale to be registered with Register of Deeds.
- If no redemption right exists, the mortgagor's title is cancelled and new title issued to purchaser.
- If redemption exists, title is not cancelled but memorandum annotated; cancellation and new title issuance depend on redemption.
- Extrajudicial Foreclosure:
- Certificate of sale filed with Register of Deeds, with a memorandum noted on title.
- Upon redemption, similar memorandum procedure applies.
- If no redemption, purchaser files final deed or sworn statement; Register of Deeds issues new title after cancelling previous.
- No title transfer occurs until the one-year redemption period lapses.
Capital Gains Tax Provisions
- If mortgagor redeems within one year:
- No capital gains tax imposed as no sale or transfer occurred.
- Redemption deed or certification filed with both RDO and Register of Deeds with memorandum annotation on title.
- In case of non-redemption:
- Capital gains tax based on highest bid price becomes due after the one-year redemption period.
- Payment must be made within 30 days after redemption period expires.
Documentary Stamp Tax (DST) Provisions
- Upon redemption:
- Only fixed P15.00 DST applies since no actual transfer occurs.
- Upon non-redemption:
- Applicable DST levied on parties involved in making, signing, or transferring relevant documents.
- If one party is exempt, the other non-exempt party bears the tax liability.
- DST tax return must be filed within 10 days after the month following the redemption period.
- Payment based on highest bid price occurs upon filing.
Issuance of Tax Clearance Certificate and Certificate Authorizing Registration
- For non-redemption sales:
- Tax Clearance Certificate (TCL) or Certificate Authorizing Registration (CAR) issued only after submission and validation of capital gains and DST returns.
- Authorized Agent Bank (AAB) in the jurisdiction of the property location must validate payment.
Repealing Clause
- Previous revenue issuances inconsistent with these regulations are repealed, amended, or modified accordingly.
Effectivity
- Regulations take effect 15 days after publication in a newspaper of general circulation.
This summary captures the essential provisions regarding tax obligations and procedural formalities connected to extrajudicial foreclosures by financial entities, including redemption rights, tax payment schedules, and documentary requirements for title registration and tax compliance.