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Transfer of Title
Are you looking to transfer the registration of your title?
Transferring a title, whether it’s from your name to someone else or vice versa, involves several important considerations. It’s not just about signing paperwork—it requires thorough attention to various details to ensure the process is smooth and legally sound. Some key factors to take into account include checking for any improvements made on the property, understanding the applicable tax rates, and ensuring that all the necessary documents are executed properly.
In Spouses Manalese, et al, vs. The Estate of the Late Spouses Ferreras (G.R. No. 254046, November 25, 2024), the Supreme Court ruled that land buyers must verify ownership by checking the certificate of title and reviewing the records in the Registry of Deeds to avoid fraudulent transactions.
The SC affirmed the lower courts’ decisions, emphasizing that buyers must verify title records with the Registry of Deeds and not rely solely on the certificate of title, especially when there are signs of fraud.
The Court also noted that a duplicate title does not hold the same legal weight as the original, and buyers must be cautious when dealing with such titles. Since there were multiple recorded warnings, including an affidavit of loss and duplicate titles, the party therein were deemed to have constructive notice of the title’s defects.
To navigate the complexities of title transfer, it’s essential to consult with legal professionals. Lawyers specializing in property transactions can provide the guidance you need to avoid potential issues and ensure that the transfer is completed efficiently and without complications.
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