Saturday, February 02, 2008

Adverse claim

An adverse claim is a legal remedy for any person who may have a stake or claim upon registered property.
A person who has a claim upon a certain real property will make a sworn statement and file it with the register of deeds.
The register of deeds will inscribe the claim in the title so that the entire world will be informed that there is a person making a claim over a certain property.
The adverse effects of any adverse claim is that persons will be wary in dealing with registered property with an inscribed adverse claim.
Banks for instance, will not easily approve loans where the collaterals are registered property with an adverse claim.
Actually banks won't.
The general rule is that an adverse claim serves as a warning to people to be careful in dealing with registered property with an inscribed adverse claim.
But my client, Manny, a real estate broker says this general rule is not always applicable and there are exceptions.
He said that registered properties in Fort Bonifacio, Taguig for instance have adverse claims from the city of Makati.
This means that for every title of real property in Taguig, the city of Makati registered an adverse claim.
Manny says people dealing with real properties in Taguig always make sure that the titles have adverse claims by the city of Makati.
If there is no such adverse claim, a doubt ensues on the authenticity of the title.
Manny says people feel more secure if the titles of properties in Fort Bonifacio have adverse claims by the city of Makati.
This means that the property is genuine.
It means the property is valuable.
It is coveted.
Weird, right?

7 comments:

Anonymous said...

my elder brother forge a deed of donation making the property of my dead mother transfered to his name.

my mother died in 1993 and the deed of donation was executed in 1998. he succesfully transfered the title and mortgaged it. when i found about it, i filed an adverse claim in 2000, and filed falsification of public documents against his cohorts. the MTC of manila ( where the deed of donation was notarized) proved beyond reasonable doubt that the falsification was commited to commit another crime, estafa..and issued warrants of arrest.

now, the problem is here..the
title was transfered to the heirs of the mortgagee, with the adverse claim still in their title.they claim that the mortgage time elapsed..

what should i do to claim ownership of the property, where i am living,in behalf of my siblings?

Jay Dejaresco said...

File an actionfor reconveyance.
My take on this is that the heirs of the mortgagee are still charged, notwithstanding the lapse of the 30-day "effectivity" of the adverse claim. There is a court decision that says to the effect that the lapse of thirty days from register of adverse claim does not necessarily negate the effects of such adverse claim. Besides, prudence and normal human experience dictates that the heirs should have inquired about the adverse claim. (I am arguing here)

newsgirl said...

sir, a friend of mine was buying a Condo studio-type in makati. thru a Housing loan from pag-ibig. CLEAN ang title ng Condo studio. /Problem, friend found out the Master deed for lote- LAND had an Adverse Claim. /is an Adverse usually pang-asar Nuisance lang? /Or could this be Serious PROBLEM? /Would YOU buy a Condo studio-type like this -w/ Adverse Claim in the Lote-LOT? Or shud we AVOID it pronto?? tnx!
Really nid your advice.
/Lyn taga-Media- 09204060-145

Jay Dejaresco said...

Check the nature of the adverse claim with the register of deeds. Have it cancelled.

Anonymous said...

we file an adverse of claim just recently because my neighbor wanted to transfer the title for her name only but there are 7 houses in that parcel of land. Just to protect our right we file adverse of claim.but according to my greedy neighbor the effectivity of adverse of claim is just 1 month.Is it true?Do we need to renew the adverse of claim monthly?

Anonymous said...

Sir,my brother allegedly sold a portion of land from a mother title to his friend 7 years ago.No title were given to this buyer. last year the mother title was divided into 2, half of which is to my brother and the other half to me. My brother sold his half to a new buyer and immediately transferred the title. His friend heard the news and since my title is still ongoing registration with RD, he signs an adverse claim on my title instead. Can i reverse the claim since it is not me who have done business with him?

Anonymous said...

My brother has allegedly sold a portion of land from a mother title to his friend sometime 6 years ago.
No title were given to his friend. Last year, we divided the mother title into 2, half each to me and my brother.
my brother sold his land and transferred the title to his buyer. While my title is still on-registration with RD, his friend learned the buyout and immediately executes an adverse claim on my title.
Can I reverse the claim since it is not me who had business with him?