13/11/2023
👀A LITTLE KNOWLEDGE🤔
I LOST MY LAND TITLE, CAN I GO TO REGISTER OF DEEDS TO GET A COPY AGAIN?
LOST OF ORIGINAL TITLE HOLDING BY THE LAND OWNER OR SO CALLED ORIGINAL/TRANSFER CERTIFICATE OF TITLE CAN BE REPLACED BY OBTAINING COURT OF ORDER TO REPLACE IT WITH A NEW ONE. LAND OWNER CANNOT GET ANOTHER COPY OF TITLE WITHOUT PETITION AND COURT ORDER ISSUED BY COURT.
Original/Transfer Certificate of Title is called the title of a land whereas a Condominium Certificate of Title is the title of a condominium unit. They are both the titles of the real estate property issued by the Registry of Deeds covering the land or the condominium on which it stands. Registry of Deeds has one original copy on file in its vault as a public record and one copy which if called Owner's Original Duplicate Copy of Transfer Certificate of Title or Owner's Original duplicate Copy of Certificate of Title shall be given to the registered owner of land or condominium unit.
If you lose the original title of land or condo and you can no longer see it, you need to immediately annotate an affidavit of loss in the Register of Deeds to protect your right to it and prevent someone else from selling it. It is better to file a petition for issue of owner's duplicate copy at the Regional Trial Court immediately so your welfare in said land or condo can be secured. The Registry of Deeds has no power to issue a new Owner's Original Duplicate Copy of Transfer Certificate of Title or Owner's Original duplicate Copy of Certificate of Title without a court order. This is in accordance with Presidential Decree 1529 known as Property Registration Decree, Section 109 therefore:
Section 109. Notice and replacement of lost duplicate certificate. In case of loss or theft of an owner's duplicate certificate of title, due notice under oath shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is discovered. If a duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn statement of the fact of such loss or destruction may be filed by the registered owner or other person in interest and registered.
Upon the petition of the registered owner or other person in interest, the court may, after notice and due hearing, direct the issuance of a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place of the lost duplicate certificate, but shall in all respects be entitled to like faith and credit as the original duplicate, and shall thereafter be regarded as such for all purposes of this decree.
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