Unwritten Rule #5

In the RE world, how the name is spelled in contracts should be the same as stated in the ID presented to the notary. For example, if the buyer used her driver's license, which says it's "Ma." (not "Maria"), then the Deed of Absolute of Sale (DOAS) should also state "Ma."

Since the Registry of Deeds merely copies what's written on the DOAS, the way names are spelled in the DOAS is also the way it will be spelled in the new Title. So, in the example above, the buyer's name will be spelled "Ma." in the new title.

When she sells the property in the future, and she uses her passport (which states it's "Maria") for identification, the BIR, Registry of Deeds, and City Assessor would require her to issue an Affidavit of One and the Same Person. This affidavit will state that the "Ma." stated in the title and the "Maria" in the passport are the same person.

When it comes to corporate names, even the spaces between the letters matter. For example, if the SEC Certificate of Registration says the corporate name is JAS Patag Realty, Inc. (with the space in between "JAS" and "Patag"), and the title states "JASPatag Realty Inc.", an affidavit claiming the proper spelling should also be executed.

While affidavits can quickly remedy this problem, it would still be best to spell out the name consistently in all legal documents (i.e., don't abbreviate) to avoid problems later on. In certain cases, executing the affidavit isn't as easy if the person in question is domiciled abroad and must have legal documents consularized/apostilled.

Lastly, it's crucial that everyone checks the spelling of the owner's name in the title as soon as it's issued by the Registry of Deeds.