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maiden name was used in deed of sale

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1 maiden name was used in deed of sale on Wed May 04, 2011 1:06 pm

nhedz1967


Arresto Menor
Good day Atty,

This is about the 4 hects farm land bought by my father in 1982 (now deceased) from his cousin (already deceased also) with both surviving spouses left. The problem is the Deed of sale was not annotated in the RD because at that time the mother title was mortgaged in a bank. Now, the children has already redeemed the title from the bank and in fact they are demanding us to return their land because they thought it was just a mortgaged. We showed them the notarized Deed of sale and in fact we were able to get a copy of the file in court in the Hall of Justice.

They alleged that their is a falsification of documents in the deed of sale since the spouse vendor (still alive) used her maiden name in the marital consent without affixing her husband's surname. Atty, is it invalid or could it be ground for any case to be filed against us and the notary public? There was 2 witnesses who signed also but only a specimen signature and no names printed , but witnesses are still visible.

When signing as witness is it necessary to put on the printed names ?

Thank you atty and Mabuhay kayo..

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2 Re: maiden name was used in deed of sale on Fri May 06, 2011 8:16 pm

attyLLL


moderator
so your father purchased the property while it was mortgaged, but it was the owner's family who paid for the loan at the bank?

what does the deed of sale say about the loan? was your father supposed to absorb the loan?

your family is in possession of the property?

using the wife's maiden name is not an issue. it's acceptable to do that. is she now denying that she signed it?

retain possession of the property.


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3 Re: maiden name was used in deed of sale on Sat May 07, 2011 2:12 am

nhedz1967


Arresto Menor
Atty, thanks so much for the reply.. Yes she is denying her signature.But we can prove that she really has signed it along with the witnesses.

Yes, it was currently mortgaged in the the bank at the time my father bought it without the knowledge of the bank. The vendor promised to redeem the title upon receipt of the money but years and years later such promise has been forgotten. It lasts for almost thirty years now.

Atty, when was the new family code being passed concerning the used of maiden names? I ask because the Deed of sale was executed in 1982 and I am afraid it was not yet covered by such new law. If you may permit Atty, I can send you the scanned copy of the deed of sale in your e-mail to make things clearer for you.

Thank you Atty and mabuhay kayo

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4 Re: maiden name was used in deed of sale on Sat May 07, 2011 6:24 pm

attyLLL


moderator
it will be up to them to prove that the signature was falsified especially because the document is notarized. authentication of signature can be done at the NBI or PNP crime lab.

unfortunately, your father was negligent also by not enforcing his right to ensure redemption of the title.

family code was passed in 1986, but that's not the point. the question is whether she was really the one who signed it.

hopefully your witnesses will testify for you.


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