Signed the Deed of Sale? You're Not Safe Yet | PD 1529 Ep. 4

Описание: Chapter V of PD 1529 covers every dealing after the first title: why registration is the operative act, first-to-register priority, the owner's duplicate, how sales, mortgages and foreclosures are registered, powers of attorney, trusts, attachments, adverse claims and lis pendens.

This is part of our PD 1529 (Property Registration Decree) series, explained chapter by chapter in simple English.

CHAPTERS
0:00 Signed is not yet registered
0:18 Registration is the operative act
0:40 First to register, first in right
1:04 The owner's duplicate is the key
1:33 What every deed must state
1:53 How a sale is registered
2:25 Mortgages and foreclosure
2:58 Agents and trusts
3:19 Involuntary dealings
3:41 The adverse claim
4:06 Notice of lis pendens
4:33 Before and after you buy
4:50 Register it, or risk it

KEY POINTS
CH. V: Signed, but not yet registered; Sales, mortgages, leases, claims
SEC. 51: A deed alone binds only the parties; Registration binds third persons
SECS. 52, 56: Constructive notice to all; Down to the minute; Register fast
SEC. 53: No duplicate, no registration; It works like a key; Forgeries are void
SECS. 55–56: Names, status, qualification; Keep your address updated
SECS. 54–59: New TCT to the buyer; Selling part? Plan first; Encumbrances carry over
SECS. 60–63: Annotated, then released; Redemption period; Not redeemed? New title to buyer
SECS. 64–68: Register the power of attorney; Trusts noted on the title
SECS. 69–75: Without the owner's consent; Owner notified within 36 hours
SEC. 70: A sworn claim on the title; Stays until canceled; Frivolous claims can be fined
SECS. 76–77: Lis pendens = pending case; See it? Stop and ask; When it can be canceled
WHAT IT MEANS: Before paying; After signing: register at once

UPDATES SINCE 1978
On adverse claims (Sec. 70), the Supreme Court has held that an adverse claim is not automatically cancelled after 30 days; it remains until cancelled after a petition and hearing.

SOURCES
Presidential Decree No. 1529, Property Registration Decree (June 11, 1978), Chapter V, Sections 51–77.


DISCLAIMER
General information only, not legal advice. For your situation, consult a lawyer, the Register of Deeds, or the LRA.

Philippine Real Estate Digest: Laws, drawn simple.
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