Requirements for Reconstitution of Lost or Destroyed Real Estate Title
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| Sample back image of a TCT |
R.A. 26 , Section 2.Original Certificate of Title shall be reconstituted from such of the sources hereunder enumerated as maybe available, in the following order:
(a) The owner's duplicate certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
Requirements of reconstitution of lost or destroyed TCT
R.A. 26, Section 3.Transfer Certificate of Title shall be reconstituted from such of the source hereunder enumerated as maybe available, in the following order:
(a) The owner's duplicate of the certificate of title;
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title;
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof;
(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued;
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or encumbered, or an authenticated copy of said document showing that its original had been registered; and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
Requirements of reconstitution with regards to liens and encumbrances affecting lost or destroyed certificate of title
R.A. 26, Section 4.Liens and other encumbrances affecting a destroyed or lost certificate of title shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) Annotations or memoranda appearing on the owner's co-owner's mortgagee's or lessee's duplicate;
(b) Registered documents on file in the registry of deeds, or authenticated copies thereof showing that the originals thereof had been registered; and
(c) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the liens or encumbrances affecting the property covered by the lost or destroyed certificate of title.
