What to do with an “Unsigned” Reconstituted Transfer Certificate of Title ( TCT ) ?
It’s always a must to do due diligence when working on a sale property after all, an investment is being made and one has to make sure the purchase is clear of any issues and concerns. Take note that in 1988, the Quezon City Hall burnt and most records of the Registry of Deeds including proof of ownership of properties identified by the Transfer Certificate of Title were likewise lost and burnt. Republic Act No. 26 ( R.A. No. 26 ) was enacted in September 25, 1946 : AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE RECONSTITUTION OF TORRENS CERTIFICATES OF TITLE LOST OR DESTROYED. Fortunately, R. A. No. 26 addressed the issue on lost titles immediately, however, this created an opportunity for syndicates / land grabbers to produce fake titles and illegal claims on properties. Some of these cases are still on going till today !
Recently, I was with a Seller and a Buyer for a property being purchased in Quezon City. The Owner’s Title is reconstituted as verified thru their Title No. RT – ##### and an annotation of Section 7, Rule 26 is on the title. Anyway, i know the Seller’s family well so when we sat with the Buyer, I then asked for them to show the original title, to my surprise, the title was unsigned by the Register of Deeds ( RD ), at least that’s what i thought it was. We verified over the phone with Register of Deeds and Bureau of Internal Revenue & both said they will not accept an unsigned title.
Now this is where “ignorance” came in and that’s why this job is a never ending educational adventure ! I didn’t know that the wording, ( SGD. ) on the signature line where Register of Deeds is supposed to sign already means that the Title is SIGNED. ( this blog should have been entitled, How to verify if a Reconstituted Title is Signed, ha ha )
To verify the authenticity of the Title, you may request to see the duplicate copy of the Transfer Certificate of Title from the records officer of the Register of Deeds and he / she will pull it out from the vault ( sometimes it takes time because it may have been filed erroneously ).
Apparently, the Register of Deeds of Quezon City was swamped with Titles that had to be reconstituted from 1989 till 1992 ( take note that it wasn’t even computerized then ), up until today there are still Titles that still have to be reconstituted and quite a property owners just aren’t aware of it until the thought of selling their property comes to mind.
Take note that upon issuance of a Reconstituted Title, the Owner can now file for the Cancellation of Section 7, Rule 26 as this still is an annotation on the title that some banks and Buyers / Investors see as a lien / encumbrance !
To assure a clean title, the best option is to convert into an etitle ! You may contact the Land Registration Authority or visit their website www.lra.gov.ph for details of this process.
Have a great day !
Robert G. Sarmiento Properties
Professional Affiliation :
Real Estate Broker’s Association of the Philippines
President, Greenhills Chapter 2008-2009
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