RD and Owner Lost Title

To continue the conversation from last week, what happens if both the Registry of Deeds (RD) and the Owner lose their copy of the title?

If both copies are lost, the owner must file a petition for the JUDICIAL reconstitution of the title. He would have to use other documents to prove ownership, such as a certified copy of the lost title, the Deed of Absolute Sale (DOAS) when the property was acquired, a land survey, the Tax Declaration, real property tax payments (under owner's name), etc. The process could take six months to several years.

Mind you; it's not farfetched for the RD to lose its copy of the title. They can simply misplace it (I encountered this problem just several months ago).

The problem here is that the only time the Owner and the RD will know the RD's copy was lost is when the Owner procures a certified copy (and the title has NOT been converted into an e-title).

Lessons:

1. Convert your title into an e-title so the RD keeps a backup online. You no longer have to worry if the RD catches fire or another Yolanda typhoon hits us. If you had an e-title and if the RD lost its hard copy, the reconstitution should be more straightforward. E-titles are distinguished from old titles by their blue border and QR code.

2. A client once asked me if they should keep other documents from a purchase (receipts, eCAR, DOAS, etc.). The scenario described above teaches us to keep all the documents that could prove ownership.

That's it! Happy long weekend (again)!