On subsequent land registration | Inquirer Business
Property rules

On subsequent land registration

/ 04:16 AM October 03, 2020

(Conclusion)

The mortgage or lease of registered land shall be registered in the same manner as its conveyance under the Property Registration Decree.

ADVERTISEMENT

Thus, the Register of Deeds shall enter and sign upon the original of the certificate of title and on the owner’s duplicate certificate a memorandum on this mortgage or lease once the corresponding deed has been presented. He shall also note on the deed the date and time of filing and a reference to the volume and page of the registration book in which it is registered.

The mortgage or lease may be discharged or cancelled through an instrument executed by the mortgagee or lessee in a form sufficient in law. This instrument shall be filed with the Register of Deeds, who shall make the appropriate memorandum upon the certificate of title.

FEATURED STORIES

If the mortgage was judicially foreclosed, a certified copy of the court’s final order confirming the sale shall be registered with the Register of Deeds. If no right of redemption did not exist, the mortgagor’s certificate of title shall be canceled, and a new certificate issued in the purchaser’s name.

But if this right existed, the mortgagor’s certificate of title shall not be canceled, but the certificate of sale and the order confirming the sale shall be registered by a brief memorandum thereof made by the Register of Deeds. If the property was redeemed, the certificate of deed of redemption shall be filed with the Register of Deeds, and the same memorandum shall be made thereon.

If the mortgage was extrajudicially foreclosed, a certificate of sale executed by the officer who conducted the sale shall be filed with the Register of Deeds who shall make a brief memorandum thereof. If a right of redemption existed, the rule for registration shall be the same as that for this right in case of judicial foreclosure.

In case of non-redemption, the purchaser at foreclosure sale shall file with the Register of Deeds either a final deed of sale executed by a duly authorized person or his sworn statement attesting to the fact of non-redemption, after which the latter shall issue a new certificate in favor of the purchaser after the owner’s duplicate of the certificate has been previously delivered and canceled.

Meanwhile, an attachment, writ, order or process issued by a court of record, intended to create or preserve any lien, status, right or attachment upon registered land, shall be registered by filing a copy thereof in the Register of Deeds for the province or city where the subject property lies. If the attachment, writ, order or process was not claimed on all the land in any certificate of title, the registration shall include a description sufficiently accurate for identification of the land or interest intended to be affected.

Absent any contrary provision in the Decree, whoever claims any part or interest in registered land adverse to the registered owner, arising subsequent to the date of the original registration, may execute a written statement setting forth fully his alleged right or interest, and how or under whom acquired, a reference to the number of the certificate of title of the registered owner, the name of the registered owner, and a description of the land in which the right or interest is claimed.

This statement shall be entitled to registration as an adverse claim on the certificate of title. Moreover, the adverse claim shall be effective for 30 days from the date of registration. After the lapse of this period, the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the party in interest, after which cancellation no second adverse claim on the same ground shall be registered by the same claimant.

ADVERTISEMENT

Before the lapse of the 30-day period, any party in interest may file a petition in the proper Regional Trial Court for the cancellation of the adverse claim. Thereafter, the court shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable. Meanwhile, if the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled.

In any case, if the court, after notice and hearing, shall find that the registered adverse claim was frivolous, it may fine the claimant in an amount not less than P1,000 nor more than P5,000, in its discretion. In this regard, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect within the 30-day period.

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TAGS: Property Registration Decree, Register of Deeds
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