My Land Title Is Lost, Can I Still Sell My Property?
When an owner sells a property, possession of their original copy of the land title is essential to show the buyer their proof of ownership over the property for sale. However, if a land title is lost, MC Dela Fuente Realty can assist and guide you in the process.
Several clients always ask the same question.
Can I close a sale for the house I am selling when my land title is lost? Or What if they can no longer find the original owner's duplicate copy of the title?
The answer is YES. However, the property owner needs to process the re-issuance or reconstitution of the owner’s lost land title.
When will a Property Owner file a petition for either re-issuance or reconstitution of Land Title?
The Philippine lawyer will file in court a petition for the re-issuance of a title when it is the original owner’s duplicate copy of the land title that is lost or destroyed. In contrast, the reconstitution of the land title will be filed in court when the Registry of Deeds copy is missing or destroyed.
How long will it take for the court to order the replacement of a lost land title in the Philippines?
In our experience, it takes nine months to a year to secure a new owner’s duplicate of the land title.
Guide Steps for Replacing a Lost Land Title:
- File an Annotation of the Affidavit of Loss at the Registry of Deeds (RD).
- Request from RD Certified True Copy of the Title (with annotation of loss).
- A petition is filed in Regional Trial Court, having jurisdiction over the property covered by the lost title.Â
- Attend the court hearing, and testify and prove their ownership and other matters to justify the claim.
- Wait for the Court Decision for the issuance of a new land title.
- Wait for the Certificate Finality from the court ordering RD for the issuance of a new land title.
- Submit to the Registry of Deeds a Certified copy of the Certificate of Finality issued by the Presiding Judge.
- Wait for the issuance of a new Owner’s duplicate copy of the Land Title.
How much is the cost to secure a new land title?
The rate of the attorney’s fee depends on every lawyer, from forty to sixty thousand Philippine pesos. The rate may increase if a third party holds the title, claiming they own it.
MC Dela Fuente Realty has been in the real estate business since 1997 and offers other real estate-related services.
Other Real Estate Services we offer in Cebu
- Land Title Transfer
- Estate Tax: Extrajudicial Settlement among Heirs
- Real Estate Property Appraisal
- Yearly Real Property Tax Payment
- Reissuance of Lost Owner’s Duplicate Copy of the Title
- Registration and Cancellation of Mortgage Annotation
- Land Title Due Diligence (Verification of Title, Tracing back of Ownership; Technical Description of the Title)
- Property Land Survey
- Project Selling (House & Lot, Vacant Land, Condominiums, Townhouses, and Memorial Lots)
About the Author
Ma. Corazon A. dela Fuente
Licensed Real Estate Broker in Cebu, Philippines since 1997
REB License #: 0006953
PTR #: 3595138
DHSUD #: CVRFO-B-12/18-0673
Related Posts
Real Estate Agent vs Broker vs Realtor in the Philippines: What’s the Difference?
In the Philippines, we often believe that Real Estate Agents, Real Estate Brokers, and Realtors are the same,…
Real Estate Terms and Definitions
Real Estate Terms and Definitions Cebubai.com is here to help you with Real Estate Terms and Definitions you…
