LAND TITLES & DEEDS: RECORDING OF INSTRUMENTS RELATING TO UNREGISTERED LAND

I. INSTRUMENTS INVOLVING UNREGISTERED LAND GENERAL RULE: No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens System shall be valid (except as between parties thereto) EXCEPTION: Such instrument is recorded in the Registry of Deeds for the province/city where the land lies. A. REGISTER OF DEEDS KEEPS 2 BOOKS: 1. PRIMARY ENTRY BOOK contains: 1. entry number 2. names of parties 3. nature of document 4. date, hour, and minute it was presented and received 2. REGISTRATION BOOK where the recording of deed and other instruments relating to unregistered lands is annotated B. RECORDING PROCEDURE: 1. ENTRY IN BOOKS if, on the face of the instrument, it is sufficient in law, it is entered by RD in Primary Entry Book, then recording of deed/related instruments is annotated in the space provided in Registration Book. IF RD REFUSES ADMISSION TO RECORD: RD shall advise the party in interest in writing of the ground/s for refusal. Party may appeal to Commission of Land Registration. any recording made, shall be without prejudice to a 3rd party with better right. 2. RDS ENDORSEMENT - After recording, RD shall endorse, among other things, upon the original of recorded instruments, the file number and date, hour, minute when doc was received for recording (as shown in PEB). 3. DUPLICATE GIVEN TO REGISTRANT/PERSON IN INTEREST RD shall return to mentioned person the duplicate of the instrument, with proper annotation, certifying that he has recorded the same

after reserving one copy thereof to be furnished to the provincial or city assessor as required. 4. INVOLUNTARY INSTRUMENTS/DEALINGS tax sale, attachment and levy, notice of lis pendens, adverse claim, etc with respect to unregistered lands, if sufficient in form, shall likewise be admissible to record 5. SERVICE FEES for services rendered, RD shall collect prescribed amount for registration of deeds or instruments. NOTES: VOLUNTARY/INVOLUNTARY INSTRUMENTS: must also be registered IN RESPECT TO VOLUNTARY INSTRUMENTS: it is the recording that makes them binding even against 3rd persons REMEDY OF CONSULTA: a party to such instrument may, when proper, resort to this remedy.

II. CHATTEL MORTGAGE Personal property is recorded in the Chattel Mortgage Register as security for performance of an obligation. This gives validity and effect to the contract even against 3rd persons. this actually refers to the PRIMARY ENTRY BOOK and THE REGISTRATION BOOK specifically for chattel mortgages, and any assignment or discharge thereof, and other related instruments. A. WHERE TO REGISTER: Register of Deeds of the province/city where mortgagor resides, as well as where property is situated or ordinarily kept. EXCEPT: Motor vehicle (RD + Motor Vehicle Office) B. POINTS TO REMEMBER: The movable, which is subject of chattel mortgage, is not delivered to the creditor or third person (unlike in pledge) It is essential that the mortgagor be the absolute owner of the thing, and has free disposal thereof The chattel mortgage is deemed to cover only the property described therein, not like or substituted property thereafter acquired and placed in same depository.

C. MORTGAGEES RIGHT OF POSSESSION PREPARATORY TO FORECLOSURE

RULE: mortgagee, his executor, administrator, or assign, may, after 30 days from the time condition is broken, cause the mortgaged property, or any part thereof, to be sold at public auction. mortgagee has right to possession of property mortgaged for the purpose of selling it at public auction; but he cannot secure possession of the same against the will of the debtor (ie. through violence) REASON: creditors right of possession is conditioned upon the fact of default and the existence of this fact may naturally be subject of controversy. REMEDY OF CREDITOR IN SUCH CASE: if debtor refuses to yield property, creditor can institute an action (either to effect judicial foreclosure or to secure possession) as preliminary to the sale contemplated, NOTE: the foreclosure and actual sale of mortgaged chattel bars further recovery by the vendor of any balance in the outstanding obligation.

AYN RUTH NOTES