Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Re-issuance of Unrecovered CTC

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Re-issuance of Unrecovered CTC on Fri Aug 13, 2010 2:50 pm

mjc1442


Arresto Menor
We have an aunt who resides in the US who borrowed money from a friend (Filipino also and lives in the US) with the Certificate of Title of her property in the Philippines as collateral. No markings/attachments were done on the CTC. They just agreed that once the loan is fully settled, her friend will return to her the CTC. She was able to pay her loan (in installments) but short of around $400. Then she learned that her friend left and moved to another state in the US without him notifying her. Can she request a re-issuance of the CTC from the Register of Deeds given that the friend ran away with her CTC. She heard that said friend is trying to sell the property to a buyer from the Philippines.

View user profile

2 Re: Re-issuance of Unrecovered CTC on Sat Aug 14, 2010 8:36 am

attyLLL


moderator
perhaps you mean TCT. CTC is community tax certificate, tct is transfer certificate of title.

immediately put up signs on the property that it is owned by your aunt to warn any prospective buyers that it is owned by someone else. she can also have the copy of the certificate in the Register of Deeds annotated with a notice to the effect that there is an existing loan and the title is with the creditor.

i do not recommend that she tries to get a re-issuance of her title with allegation of its loss when she knows that the title is with someone else, she will be perjuring herself.

the proper complaint is an action to compel the holder of the title to accept her payment for the loan and to return her title. she can consign the payment to the court, and with his failure to return it, she can then request the court for the issuance of a new title.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: Re-issuance of Unrecovered CTC on Tue Aug 24, 2010 2:23 pm

mjc1442


Arresto Menor
Thank you very much for the advice. Just an update on this, this week we found out that the title has been transfered to the name of said person. This was after payment for the real estate taxes was about to be made for said property. The one making the payment for my Aunt was informed that the property is already under the name of a new owner and payment for the taxes has been made. May we know what steps our Aunt should take? Should we still put up the sign saying that the property is owned by my aunt.

View user profile

4 Re: Re-issuance of Unrecovered CTC on Tue Aug 24, 2010 11:53 pm

attyLLL


moderator
did your aunt sign and hand over a blank deed of sale?

you should go to the registry of deeds and research how the property was transferred from your aunt. it may be that her signature was falsified.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum