What To Do When You’ve Lost Your Philippine Land Title
In the Philippines, if you have lost your Land Title you will need to go to court to get a new copy. The Lost Title process in the Philippines requires a court case before a replacement can be issued to you.
Have you lost your Original Philippine Land Title?
This post explains:
- The detailed, step-by-step Lost Title process you need to go through
- Actual documentary requirements and how to comply with them for Reissuance of Title.
- Practical advice from your point of view (no unnecessary legalese, I swear).
While the process might seem inconvenient, replacing your lost Land Title is very important. You need it to sell, lease or otherwise maximize the property.
If you would like to discuss the issue with a lawyer feel free to contact us
Why is a Land Title important in the Philippines?
A Philippine Land Title is the most important document you have that proves your ownership of property.
An Owner’s Copy of a Land Title is one of the two types of documents that are required to prove ownership.
The other document that proves your ownership is the Registry of Deed’s copy of the Land Title, which is different from your Owner’s Copy of a Land Title.
The Philippine Land Title that you have can be called different names, depending on the circumstances:
- Original Certificate of Title – issued to owners when the land is first registered
- Owner’s Duplicate Copy of the Transfer Certificate of Title – issued to subsequent owners after the registration.
- Condominium Certificate of Title – issued to owners of condominium units
All these different names still really just mean that it is an Owner’s Land Title.
An Original Owner’s Title is the best evidence of ownership of the property.
Now, you might think that an Owner’s Land Title isn’t important since you already live on the property.
This couldn’t be further from the truth.
It is difficult to sell, mortgage or lease your property when you don’t have the Title. It is also difficult for your property to be inherited by your children.
Essentially, you need the Owner’s Land Title to transfer or use the land for more than your personal residence.
Lost Land Title Philippines or Reissuance of Land Title Philippines
An Owner’s Title can be lost in many ways.
I’ve come across instances of fire, flood and theft. I’ve heard stories of simple misplacement. And in a battle of termites vs often fragile Land Titles, the termites won.
Has your Owner’s Title been destroyed?
In all these situations, the only way to replace your lost Land Title is through a court process called Reissuance. The Reissuance of Title process is laid down by the law in Sec 109 P.D. 1529 and there is no other way around it.
Just a few things to be aware of.
Reissuance shouldn’t be confused with Reconstitution of Title.
Reissuance is when your Owner’s Title has been destroyed.
Reconstitution is when the Title to your land held by the Registry of Deeds is also destroyed. You can read more about this process in my article How to Reconstitute a Philippine Land Title.
Reissuance is what we discuss in detail here.
You’ll mostly likely have to go to court to replace your missing Owner’s Title.
Another thing to be aware of is a Reissuance of Title court case shouldn’t be resorted to if the Title is with a 3rd person such as a Lender.
Some people wrongly believed that if they process a Reissuance of Title when the Title is in the hands of a 3rd party like a lender it cancels the debt.
But there is a big risk that the new Land Title will be declared invalid, as was the case for the Heirs of Leticia Lopez-Cuevas vs. Republic of the Philippines [G.R. 170539, Jul 2008]
Reissuance of Land Title Process
You need to file the court decision with the Registry of Deeds in order to start the processing of your new Land Title
You’ll find the step by step process below.
There is really no way to replace a lost Land Title except through a court case.
Quick Facts
Case: Reissuance of Lost Owner’s Title
Timeline: 1 – 1 ½ years, depending on the court’s schedule
Cost: Court Fees, Registry of Deeds Fees, Lawyer’s Fees
Testimony: At least once, or more as needed by the court
Documents: Annotated Loss on Certified True Copy of Title, Tax Declarations and Assessments, Other documents required by the court.
Step 1: Filing an Affidavit of Loss with the Registrar of Deeds For the Reissuance of Title
An Affidavit of Loss identifies the property through its Title number and its Tax Declaration.
It is created with your Attorney and then filed with the Registry of Deeds where the property is located. This Affidavit should explain to the Registry of Deeds how the Title was lost.
You’ll need to start with an Affidavit of Loss.
It is important to file an Affidavit of Loss with the Registry of Deeds. When people inquire about the property with the Registry, they will be informed that the Owner’s Title has been lost. This prevents unscrupulous people from claiming they are the owners of the property.
You can also take this opportunity to gather other essential court documents that you will need. For instance, the Certified True Copy of Title and Tax Declaration among several others.
You’ll need many documents to prove your ownership at court.
The filing fees paid to the Registry of Deeds to register an Affidavit of Loss can vary. The fees will be higher if you are also gathering other essential court documents from the Registry of Deeds..
Step 2: Filing for Reissuance of Land Title with the Regional Trial Court.
The next step in the lost Land Title process is to create your Petition with your lawyer requesting the court to issue a new Owner’s copy.
The Petition will need several documentary attachments, all proving that you are the owner:
- The Affidavit of Loss that you filed in step 1.
- A Certified True Copy of Title showing your name, which you can get from the Registry of Deeds
- Tax Declaration and all its attachments from the Municipal Hall where the land is located
- Other documents and requirements complying with the rules of court, which your attorney will be aware and will advise you of.
Your Petition at court must have all the documents and explain why the Land Title was lost.
It may be difficult to get the documents required but it is important to complete them and follow what your attorney advises. It is on the strength of this documentary proof that your case will be decided.
This Petition will be filed with the Regional Trial Court where the land is located.
Filing fees and attorney’s fees will need to be paid.
Step 3. Reissuance of Title: Testifying in Court
You should ideally go to Court at least once to testify to the facts of the case.
You may have your co-owner do this but the point is that the court needs to hear from you as to the validity of the facts.
You should ideally go to Court at least once to testify to the facts of the case.
Note that this primer is built from your point of view. This is what is of interest to you – what you need to accomplish, review and gather and when you need to appear in court.
However, there are several other court requirements your attorney will be complying with as part of the lost Land Title process.
Step 4. Reissuance of Land Title: Court Decision
The Court will issue a Decision based on the evidence you’ve presented.
All interested parties have to be informed by the court that a file for Reissuance has been made. This is so that later on a person cannot file a challenge based on the fact that s/he was not informed.
However, this also enables people to oppose the process. They may oppose it by saying that they have the Title or that the person requesting Reissuance doesn’t have the right to the property.
It can get really really complicated. There are all sorts of reasons.
Generally, a person may oppose the Reissuance during the court process but after the Court Decision has been rendered final, there is nothing else that they should be allowed to do based on the grounds.
The Court will decide based on the Evidence you and your attorney submitted.
If all goes well and if you have strong documentary proof, your case will likely be approved.
The Court’s Decision will become final when no-one challenges the case.
A case can be challenged when someone who has a share in the land or if the City Prosecutor objects.
Step 5. Filing of the Court Decision at the Registry of Deeds
After the Court issues its decision, you need to register the Court Decision with the Registry of Deeds.
This will start the process to get your new Land Title.
This is often a bothersome process as it can necessitate several trips. You will also need to pay to register with the Registry of Deeds.
They will process your request and you will finally be issued a new Land Title.
What To Do When You Have Lost Your Philippine Land Title: Summary
As promised, this is a primer on how to get a new Land Title. It gives you the information that is really pertinent to you in terms of process, documents and fees. It really also tries to detail the lost Title process clearly and concisely.
Your lawyer will handle other court requirements as they come along, but these have to deal more with complying with Philippine law or Orders of the court.
Your lawyer will also guide you regarding any additional requirements. These may vary depending on the specific facts of your case.
Choose a lawyer you trust
Do choose a lawyer you can trust if you plan to file for a Reissuance of Land Title process.
A good lawyer will keep you updated and show you the written submissions to the court.
Do not be tempted to go through a “Middle Man” or someone who claims to have “connections”.
There are too many people who are victimized by unscrupulous people claiming they can easily issue a new Land Title or can secure a new Title quickly.
This is untrue and you may lose a lot of money and be faced with a court case against you if things go badly.
Do not hire a middleman! They can cause you a great deal of trouble and cost you more money.
Do things above-board and you will have nothing to fear.
In addition, your case will often be much faster if you go through the process with a good lawyer. We have heard of promised “quick fixes” taking years!
As you can see the replacing a Lost Title process is straightforward.
Although it will depend on the facts of your particular case, your Petition for a new Land Title will likely succeed if:
• You have all your documents and strong proof
• You are involved in the process and can provide information
With this, the court will likely grant your request and you will get your new Owner’s Title without too much trouble.
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
Other Articles about Land Titles include:
Philippine Land Title Search
How to Transfer Land Title To Heirs
How to Reconstitute a Philippine Land Title
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I have lost/misplaced my owner’s copy of my land title. How much would it cost for the Reissuance of a new one?
This depends partly on the place where the land is located and how complete your surviving or recoverable documents are. Send us an email of your specific circumstances to contact@lawyerphilippines.org and we will be happy to discuss.
We lost one of our properties title in the Philippines but the regional Registry of Deeds has the original title, do we still need to go through Judicial Reconstitution process or only petition for Reissuance of Lost Owner’s Title? And, how much usually the cost for Reissuance of Lost Owner’s Title?
If it is the owner’s title that is missing, then the correct case to file is Reissuance.
(Reconstitution of title in the Philippines is only for a missing RD title).
Hi, same scenario here. My pop lost land titles under his name and he is now deceased. Can you provide details about the process? Thanks
A court case for the reissuance of the title would be necessary. The evidence of ownership and registration would have to be presented to the court.
We’d need to know more about your situation to speak to your specific circumstances. We’ll be happy to address them through our form on https://lawyerphilippines.org
Hi
My grandmother lost the title of the land and we would like to get a reissuance but this time to be named under my name while my grandmother mother is still alive, she stated that the title is named to my uncle, the brother of my father. How can we go about transferring it under my name and get another title? Thank you!
You uncle as registered title holder — or his heirs — should be involved.
HOw long is the whole reissuance process this time of the pandemic? Annotated certified title copy, Tax Dec and PRT payment proof provided. Thanks.
It is still a court case so that has to be taken into account as well. In any case, it rather depends on what documents you already have ready and with which court the case should be filed.
I bought a land from the owner who only has a certified true copy of the title.
He’s very old and sick and might not be able to attend court hearings.
What would be the best thing to do?
Need help
You may consider going ahead with the court case for the reissuance of title as soon as possible.
Get his testimony in writing and make it part of the record. Once the case is filed and the court has sent summons out, there are ways to ask the court for the perpetuation of his testimony even ahead of the hearing date so that he does need to physically go to court.
Attornies good day!
We mortgaged a Certificate of Title in a bank for a loan. The loan was fully paid after three years. However, the Certificate of Title which was in the possession of Register of Deeds was burned during the fire incident that razed the said office. My question is, who will petition or process the reconstitution of burned Certificate of Title. Is it the Register of Deeds or the Bank which is the mortgagee?
It would usually be the registered title holder who files the case.
Ahm hi I just want to ask if what can we do to have a copy of the title if the title was burned in a house fire and the title is not in our names because the title was sold and bought back (as mentioned by one of our relatives who sold it and bought it back daw) we just want to know for sure if the relative who sold it and bought it back is telling the truth. We are asking them for so many years to give us a copy or just a proof if they really bought it back and up until now they are not giving any proof that they already did. Hope you can help us figure out what can we do to take a legal action on this. Thank you and more power God bless…
You may want to start with the record of the Title at the local Register of Deeds.
Hi there! We’re in the process of selling a property. The new TCT is already with us but the buyer wants to see the cancelled titles. The title was cancelled way back in 1978 and the RD said they can’t find it. What can we do to show the buyer that the title really has been transferred to current owner or, is there any other way to get the cancelled titles?
You would expect the RD to have these cancelled titles. Absent those, see what supporting documents it does have showing that the title is current. Aside from the RD documents, you may also show the buyer the updated real property tax payments in the name of the current owner from the city or municipal assessor’s office.
Hi there,
Our house land title was stolen. It was still named under my grandfather. We’re not sure if it will automatically be transferred under my grandmother’s name. We want to secure a new land title in case things go wrong in the future.
Thank you!
It will not be automatically transferred. It would have to be reissued under your grandfather’s name and then transferred to his heirs.
Our house title under the name of my older brother(deceased) was lost. This is a house we siblings have built. Now we are on the process of re-issuance. As the eldest sister(also single), I am the one processing it. I have been paying the tax every year, I have receipts. But I dont have a tax declaration. My lawyer asks me for tax declaration and tax payment receipts. Where can I get the tax declaration? When we bought this land and built this house, the owner only gave us the title. Where should I get a tax declaration?
Hello. From the city or municipal assessor’s office. Your lawyer can provide these details. You should ask him about these.
The land title of my grandfather was lost since 1994, I only found out about this when I went to City hall to pay real property tax of our family house, it turned out that the taxes of my grandfather’s property (which I was not aware exists) was not paid since 1995 onwards. My questions Atty are, can I process the reissuance of the title as a grand daughter?; should we pay for the taxes accumulated before we can process the new title and; do you think we will be able to get a new title and name it after my father as the son of the lot owner?
Updating payment on real property taxes is one of the requirements for the reissuance of the owner’s copy of the title.
You need that owner’s copy to obtain a new title in the name of your grandfather’s heir.
Dear Sir / Madam,
Our land title was named after our youngest brother, it was mortgaged by our older brother without his permission / authorization. But when we went to the lending company it was already closed.
What is the best thing to do to get back the title?
Thank you.
You’ll need to find out what the status of the title is. Then you should discuss this with a lawyer.
Good evening.
I bought a rice field in my wife’s province and was issued a TCT. After several years, while reviewing some documents I found out that I misplaced the TCT that was issued to me. I looked at all of my documents and what I was able to retain was a photocopy of the TCT. I kept that TCT at home here in Rizal province. We seldom go home to my wife’s province and my in-laws takes care of paying the annual real estate taxes for that said property. If I were to file for a re-issue of the said TCT, how much shall I budget for it. :Please advise.
Thank you.
I will send an email.
Hi good day attorney!
My mother passed away. And the title still under to my mother. And I am the only daughter of my mother. My problem is I lost the title and I’m not in the Philippines to process. Can I know what I can do even I’m out of the country?
Hi Melissa:
Get a certified true copy of the title, hire a lawyer and go to court to get the title reissued.
Have you sent us an email?
Thanks for this site. It’s of great help.
Good day!
Atty. Britanico Sir, may I know the tariff fees for filing a re-issuance of title in lieu of the lost one?
Re: Registry of Deeds
RTC
& other fees
Also, can a petition for re-issuance of owner’s copy of title be filed in court by a private citizen without a lawyer.
Thank you very much.
A Reissuance of Title case can only be filed by a lawyer. I assume you mean fees? Fees vary depending on the facts, location and lawyer.
Hi,
I have a property and I applied it for a mortgage in a bank.
I have paid it on the bank and just got a receipt, due to I have an appointment already and I need to go abroad. I didn’t have enough time to fix the papers including the transfer of the title from the bank to my name again.
There is a person who is helping me from here in the Philippines while I am still on abroad but then that person died. As we are looking for the original title which is still on the bank’s name, we found out that the bank was closed and the family members of the person who is helping us to transfer the title do not have the title of our land.
Please tell me what exactly am I going to do to get the title of my land and transfer it to my name again.
Thank you
Sent an email.
Hi good day,
Our land title was lost after my parents was hired a middle man . We got certified true copy last 2015 but I need to apply now for owner’s copy. What Im gonna do and i dont know where im going to get lawyer.
Sent an email.
Good evening,
My mother in law is planning to sell her property but somehow lost the original TCT. May I ask if the Certified True Copy of the TCT be valid and legal enough to produce to the buyer? Many thanks.
It depends on the buyer.
If there is no original land title, the buyer would shoulder the cost of replacing the land title.
As most buyers are aware of this, they require that the seller first provide the title before the sale.
In this case, your mother in law must first have the title reissued through a court case.
Hi, I would like to ask what is the best action to do in our case. We hired an agent to transfer my parent’s land title to my name, I am one of their children and I bought the property to my siblings. Now, the agent who’s handling all our documents lost all the documents while in the process of transferring the tile to my name (specifically while she was claiming the CAR she left the documents in the bus) documents lost includes the original title. Now, i would like to know what can I do to have another copy for my parent’s title. That is just my main concern on how we can get another copy of the title. Please help us, thank you!
Sent an email.
Good day Sir/ Madam ,
Sir I would like to know what’s the process about lost title when the owner lives outside the Philippines,I am his nephew and ask for my help to process it. Hope you can give me advice about this ,thank you.
Sent an email.
I bought a land and found that the orig title was lost. How much will it cost to secure a new title, including the court fees, registry of deeds fees and attorneys fees. Thank you and God bless..
I will send an email.
Hi,
My great grandfather left some properties after he passed away. My great grandmother was keeping all the land titles but she also passed away. We don’t know where the documents are but we assume that my aunt was hiding all those documents that are missing. We asked her about it but she are not sure where the documents are. My grandmother wants to claim her share and the only proof that we have is her marriage certificate where the name of his father is written. We also file a late registration of her birth certificate since she doesn’t have one and she is now 69 years old. Please advise.
Sent an email.
Hi,
What process do I need to follow to obtain a new copy of our land title. My parents misplaced it and bit of them is still alive.
Sent an email.
Hello. My wife recently purchased a property in Pampanga and learned later there is no TCT. The original owner never received the TCT since they claim they did not want to receive them to avoid paying property taxes. The house was sold through Deeds of Sale document to one other person before being sold to us. I hear this is quite normal in the countryside, but I want to make sure that we have the TCT under our name to avoid issues in the future.
The first thing to do is to have have a land title investigation.
You’ll need to see who the actual owner is, the state of the real property taxes and other items. You will need to gather all the documents to see what is missing from the RD and City Hall. Send someone to the RD to inquire about the property and obtain the needed documents first from there.
Then, it would then be possible to know what needs to be done from that information.
Good day sir/madam! Unfortunately my lola Lost her original land title. She would like to request for another one so she can sell her property. she is already bedridden. Anong process can we take to get a copy of her land title?
I will send an email.
I sent an email and it bounced. Please email us so that we can respond to this question.
Blessed eve! recently we found a deed of donation frm our grandmother (deceased) donating 2 parcels of land to my mother (deceased) & her sister (deceased). We do not hve the original title but was able to request a certified true copy frm RD still registered under the name of my grandmother. we found out that one of the land was partially sold to various people by the husband of my aunt who also is dead. while the other land, its tax declaration is under a different name, we checked at LRA in pampanga & the records showed that it is under my grandmothers name. Can you please give me an advise of what will be our first move. Narinig po namin na may amnesty ngaun ang gobyerno upang ayusin ang mga ganitong klase ng poblema na ma waive ang mga penalties.
do hope you can help us and might be able to recommend a good lawyer that can assist us along the way.
thank you & God bless!
Sent an email.
how much and how long is the process of reconstitute a land title?
Sent an email.
I lost my owner’s duplicate copy during Typhoon Ondoy, the land was given to me by my father but not yet transferred to my name, the TCT is still in my father’s name but we have already started the process of transferring it to my name. We already paid all the real property taxes and transfer tax to the city treasury so that it will be transferred to our name. The problem is we cannot get CAR from BIR because of the lost Owner’s duplicate copy of the TCT. What actions should we have to take so that we can transfer it to our name. My father is deceased already. Thanks
Sent an email.
I am very much interested to purchase a land but the buyer lost her original Title.
Is it possible for me to purchase her property even the process of reissuing is on going?
Will send an email.
Hi,
I’m planning to buy a lot, however, the seller admitted the title was lost. What are the steps I must need to do? How long will it take to have a new title and what’s the cost?
Thank you.
Sent an email.
Hi. My deceased mother have a land title awarded by the government which was transferred to her name from his brother. The oroblem is I lost it. What should I do and how much will it cost?
Sent an email.
Hi,
This is so helpful.
I am planning to buy a lot with lost title and discrepancy on the description. I am very interested with the property because the location is very accessible.
What are the first steps I must take? Can you recommend a lawyer for this?
Appreciate reply. Thank you.
Sent an email.
Sir/Madam,
Good day, this is my first time to buy a land property which the owner represent to me the latest true copy of title and the tax declaration in her name. I’ve already paid the property, but upon submission to register of deeds, they are requesting the original owner’s copy of title.
The seller (owner) cannot present the original copy hence it was mortgaged in the year 1978. According to the owner it was already paid but the bank did not issue a clearance certificate that it was already paid, and receipt of payment was lost by the owner. The bank was supposed to be Traders Royal Bank but now it was Bank of Commerce.
My question is: It is possible to foreclose this property by the bank, since the owner is still paying the real property tax in her name to date? How can the owner secure another title for this property? What shall I do to transfer this property into my name.
Thank you
Hi Roland:
If the owner has not misrepresented things to you, the owner must work with the bank to recover the property information.
The bank would have taken the title as part of the mortgage.
Then, you must go and pay capital gains tax to transfer the title to your name.
Steps for reissuance of title
File for Annotation of the Affidavit of File for Annotation of the Affidavit of Loss.
Request a Certified True Copy (with annotation of loss).
File a petition at the Regional Trial Court.
Attend the jurisdictional hearing.
Submit proof or evidence.
Wait for the issuance of a Court Decision.
Wait for the Certificate of Finality to be issued.
File a Court Decision and Certificate of Finality at the Registry of Deeds.
Wait for the issuance of Replacement of Owner’s Land Title.
Your mother was still alive so maybe if your mother can still appoint a SPA on her behalf . She can choose one on her siblings to be her representative or SPA either all siblings will decide on it who will be your mother representative.
How much does it cost to file for a lost original title in the Philippines?
Sent an email.
Good day to you sir/madam! Unfortunately, the land title under my mother’s name had been destroyed by termites. She would like to request for reissuance of the title but she is already bedridden. What process can we take so that she can still have a copy of her land title?
Sent an email.
Are we able to get Certified True Copy of the TCT if the title is lost?
Or a Certified True copy of TCT can be use to transfer the title to the buyer but bought the land thru deed of sales?
You will need the Original Title, not the Certified Teue Copy of Title.
we’re trying to buy a lot that the title still on her parents name . They went to RD to check if there’s any outstanding regarding to the property.
RD informed them that the current title hold by the owner has cancelled as there a new title under her name so they advised them to go to DAR to collect the new title. However, the new title in DAR has lost due to flood and DAR advised them to file a reconstitution to issue a new title.
Does DAR should re-issue the title since the new title wasn’t issued/release to the owner and it was lost on their possession and not the owner who lost it?
Appreciate your advise on what the owner should do for them to sell it to us.
Hi:
It is the owner of the property who will file a case for reconstitution if the property title at the Registry of Deeds is lost.
I bought the land from the owner the TCT has annotation;
Entry No. _____ Affidavit of Loss – The Owner’s Duplicate copy of this certificate of title was allegedly lost.
I transferred already in my name to BIR, but the Register of Deeds needs a court decisions. What shall I do?
If the Owner’s copy is missing then a court case will have to be filed for the reissuance of the title as outlined in this article.
We lost land title. How long will it take to have a new title?
Sent an email.
Good day.
I lost my mother & father’s original land title who are both deceased. Buti still have a certified true copy of the title. I am one of the 5 daughters, can 1 of us arrange to process to get a new original land title and how. Would appreciate any guidance you can extend on this matter.
Thanks in advance
Sent an email.
Hello, I lost my original title. But I have TCT, Tax Dec, and all necessary documents with me. How long will it take for the reissuance be? Everything is complete. I’m also planning to sell my parcel of land. Can it be done under 2 mos?
For reissuance of title, this requires a court case that may about a year to complete.
GOOD MORNING. SIR/MA’AM MY MOTHER USED TO HAVE THE DEED OF THE HOUSE. AND IT WAS LOST WHEN BOTH OF MY PARENTS DIED. NOW MY AUNT AND UNCLES TOLD ME THAT THEY ALSO DON’T KNOW WHO HOLDS THE LAND TITLE SINCE MY GRANDFATHER DIED. WHAT ACTION SHOULD I DO TO BE ABLE TO PROVIDE A COPY OF THE DEED? IS A MUNICIPAL COPY OF A DEED IS POSSIBLE, FOR US TO PROVIDE A COPY OF THE LAND TITLE ?
You have to go through a court case.
There is no other way to get the title.
Without the title, you cannot transfer it to your name.,
File for Annotation of the Affidavit of Loss.
Request a Certified True Copy (with annotation of loss).
File a petition at the Regional Trial Court.
Attend the jurisdictional hearing.
Submit proof or evidence.
Wait for the issuance of a Court Decision.
Wait for the Certificate of Finality to be issued.
File a Court Decision and Certificate of Finality at the Registry of Deeds.
Wait for the issuance of Replacement of Owner’s Land Title.
If only you want a certified thru copy you can get at the nearest Registry of deeds where is your property registered.
A friend bought property in Paranaque, many years ago but deed of absolute sale was not notarized, no transfer of title was done and worst is title to such property is missing. The buyer only have photocopy of the title. How can she secure copy of the title and how the title be transferred to her name?
This rather depends on the circumstances. It might be best to begin by speaking to the seller if the latter is willing to execute new documents in support of the transfer. The petition for issuance of new title will be necessary in any case.
i bought the land from the owner but the original title was lost. i transferred already in my name to BIR . the REgister of Deeds needs the original title what shall i do?
thank u
Sent an email.
Hello,
Greetings. I bought a land,paid all the related taxes and been issued an eCAR from the BIR as a Buyer. However, the owner of the land couldn’t produce the OCT that needed to surrender at the Registry of Deeds to get my TCT. They said, the OCT has been lost and nowhere to be found.
First, as a buyer- What should i do? As well as the Seller. What they need to do in their behalf?
Many many thanks for the reply.??
A petition for reissuance of title has to be filed.
I have the same problem as well,
Dear Sir/Madam,
Thank you for your very informative article.
My grandmother has a property in Bulacan, wherein she and her brother-in-law are named in the title. Unfortunately, both of them are deceased, and passed away more than 35 years ago. The TCT was never transferred to the children’s (my mother among them) names, and it is only now we are trying to do so. However, over the years, my mother lost the Owner’s Duplicate Title, and now the heirs are unable to sell the property.
We already have an extra-judicial settlement signed by all the heirs, as well as the affidavit of publication. My question is, if they decide to sell a portion of the property using an Extra-judicial Settlement of Real Estate with Absolute Sale, can this document be used to initiate a re-issuance of the Owner’s Duplicate Title or effect an immediate transfer of the title to the heirs and the buyer in the absence of the Owner’s Duplicate Title?
Thank you.
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My father already passed away and transferred his property to his brother. Now his brother wants to transfer the property to us. What does he needs to do? What if He decides to sell it, what documents does he need? He has an original copy of TCT. Will this be enough? Thank you!
An owner’s copy will be needed to effect the transfer of registration.
We cannot locate our land title. The title was named under my grandmother’s five children in which three is already deceased. We have a deed of sale notarized before the death of one of the last deceased wherein I am the buyer. Can I file for the affidavit of loss with Register of Deeds? Do we need SPA on the heirs of the deceased before we can file for reissuance? Thank you.
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my sister bought a partial land in province, the land doesn’t have title, only land rights. how we can apply for a land title?
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My brother’s land title is missing. We are not sure if it was stolen when someone has broken into the house. It is under his name and his wife’s name who is currently working abroad. Can my brother process it alone? Or his wife is needed for the court proceedings? Thank you.
She could also co-sign and have the Petition notarized overseas. This is acceptable for the court here.
I lost the title of the property that was donated to me. The person who executed the deed of donation is dead. How can I apply for a new one?
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Hello, I bought a house and lot in the Philippines but because I do not live there anymore, I agreed that my younger sister’s name be used instead of mine. Unfortunately, she died from cancer I couldn’t find the deed or title of my property. What can I do about this? I needed this to be transferred to me or my mother. Thank you in advance.
A court case for reissuance of the title may be necessary. Then the reissued title would have to go through the process of transfer.
Thank you for the detailed steps highly appreciated. I lost the title around the time my father passed away. We have 50/50 share as indicated on the title. Now that father is deceased should I file for loss of title or file to change the name to myself only? Thank you in advance!
You should file for loss of title and also settle his estate in order to effect the new registration of the title to his heirs.
How long to be able to get a original copy of the lost title?
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I lost my grandmother’s original.land title last april 30, 2019. My grandma passed away last dec 25, 2018..my father was her only child.my father didnt know..what really had happened.my question is can i as granddaughter can apply for an affidavit of loss or petition in behalf of my father..hope you can answer my question.this incident bothered me so much.
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Hi Ma’am/Sir the title of our land was named to our great grandfather. He was long dead and we don’t have any copy on the title. Is it still possible for us to have a reissuance of the land title and rename it? What are the needed requirements? How long is the process of the reissuance if possible? Your assistance is much appreciated. Thank you and have a great day ahead!
The process is as described in this article. It requires a court case.
It may take about a year from filing provided your documents are enough.
We would need to know the specifics of your case to say more.
My sister is keeping the original title of my Father’s property which my father is about to file a Deed of Donation equally divided to us. My sister, however, doesn’t want to release the title for reason that that she wanted to keep the entire property. How do I get a copy of the title? Thank you.
Best to talk her into cooperation. Otherwise, you may have to file a court case for surrender of title.
Greetings Sir/Mam
My problem goes like this, I bought a land long time ago but the title of the land was now lost because my wife handed it to a fixer for purpose of transferring the title to our name. But last December 12, my wife died due to cardiac arrest not knowing the identity of the fixer.
I went to ROD to get an e-copy of the title but according to them the title couldn’t be found on their database. Because it is CLOA title.
Worse now for me to know also that the office file of my title is also missing. And I am wondering why and how can an office be lost inside a Registry of Deeds? Nobody can give me an answer but the Records Custodian should be answerable to it.
What do I do to solve the problem if the the file copy is lost. Who should be held responsible for this?
I know that RECONSTITUTION is the answer but can we make ROD responsible for the lost of the File Copy?
To restore the RD title, generally the owner’s title is required.
To restore your title, generally the CTC title from the RD is required as evidence in a Philippine reconstitution of title case.
Check if other main documents to restore the title are available so that you can do this successfully.
A note – if the RD lost the title, then you will need to shoulder the cost of replacing it. (There is an administrative reconstitution of title but it doesn’t seem to be applicable here as only one title was affected. Administrative reconstitution of title is only available when several titles are affected.
The land title was burned, how can we apply for new title? (The land title was named to an cooperative who is now desolved)
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Good morning,what is the easiest way on filling a lost title and rename it on the buyers name?
If the title is truly lost, then the only way to replace it is to get a new title through the reissuance court case that I mentioned above. There is no other way to get a new owners copy of title.
My question is how can I replace a title that I lost. The title is still on my fathers name deceased. We had a division of property through succession. My mother become administratrix but she pass away too. Title was left to me but I lost it on my constant moving.
Can you advice me what to do.
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Dear sir / mam,
Im the buyer of a house and lot. However, the sellers owners copy is lost.
Deceased owner
How many months take the processing?
Already negotiating with the heirs.
Can it be transferred to the buyer from the deceased owner thru jurisdiction process? How long?
Thank you
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Hello,
This is to kindly seek advice as to the process of requesting another title. Ours was also flooded by Typhoon Ondoy our problem is that my Grandmother the Land Owner passed away and we can’t initiate a transfer to my still living Grandfather due to latter.
If the owner’s copy was lost or destroyed, a petition for the issuance of a new owner’s copy has to be filed in court.
We will need to know more about the facts of your specific case. Will send you an email.
Hi! May I ask what can we do on a property that was in our possession for more than 20 years now, but the original owner was trying to get it back. And we have lost/misplaced the deed of sale and copy of the land title and so we cannot present any proof that it’s already ours. My father was the one who have all these documents but he already passed away. Thank you in advance for your response
A court case to settle the question of ownership may be appropriate at some point, but this depends on what documents and evidence you do have and whether the registered owner will oppose or concur with it. We cannot say without more information.
We have the same problem.. can i have advice?
We would need more information to comment. You can fill out our form for this on https://lawyerphilippines.org