According to the terms of the contract, it is a meeting of two (2) persons in which the perpetrator commits suicide to another person, to provide some provision or assistance (section 1305 of the Code). New Law). The meeting of the parties to the agreement indicates that they entered into the agreement; this can be seen by shaking hands or signing a contract when there is writing. However, problems arise when one of the parties has already signed an agreement. This occurs in contracts and transactions that involve sales.
General rule: illegal forms cannot be renamed
By law, the High Court has consistently declared that wrongdoing or fraud is illegal and anonymous (Fule vs. Legare, 117 Phil. 367). In addition, the purchaser from a non -listed is considered a trustee (Director of Lands vs. Addison G.R. 23148). According to Article 53 of this Presidential Decree. 1529 or product registration order, after the registration message submits the first application or application, all subsequent registrations can be made by sending illegal mail, or in violation of other instruments, will be void.
Exception to the Rule
As mentioned earlier, a fraudulent letter will not grant rights. However, in the case of Peralta Pair v. Heirs of Abalone, G.R. 183448, 30 June 2014, the Supreme Court by former Judge Maria Lourdes Sereno explained that there were cases in which a document that was invented was the root of the right. One of the conditions in which the title deed is transferred from a true name to a false one, and if it remains so, the land is sold to an innocent buyer. For that, the buyer has the right to rely on the stated certificate. In these cases, the court explained that although the Sales Act was in favor of the impostor, the issue remained so that the party could acquire registered property and real estate rights. This article is what he passes on to other customers. Thus, in these cases, even if the remaining law is that the wrong or false act is useless and does not provide a title, the title is cheated as the root of the correct title.
The decision mentioned above deviates from the main rule that indicates that the false certificate does not evidence the title received, especially with regard to acts relating to real estate, since in the Torrens system, registration is a process. Provide certainty for such transfer or lie (Sections 50 and 51, Real Estate Registration Act). Therefore, if there is nothing on the title page that shows the cloud or nudity of the item, or whatever, the buyer is not obligated to take his eyes off the meaning of the Torrens title when looking for hidden defects or incipient rights that could infringe those rights. If the Law is changed, the validity and fulfillment of the title action taken by the Torrens System will be in vain and additional. (Reynes v. Barrera, 68 Phil., 656; De Lara and De Guzman v. Ayroso, 50 OGG No. 10, 4838). The public will not have the main objective of respecting and complying with the Real Estate Registration Law. Eventually, traders were willing to suffer hardship and discrimination (Peralta Heritage and Abalone Heritage).
In addition, when the Registry of Offenses has issued a certificate of ownership in the name of forgery and transferred it to a third party, all transactions are under Article 1434 of the New Civil Code, which states that when another person who owns something sells or throws and delivers, and later the seller or the giver of the title, such a title is forcibly sent by law to the buyer or giver.
In summary, the decision in Peralta vs. Pair Abalon Heirs explain where the right rules are needed for a fake action. In general, the act of forgery is invalid and incapable of promoting the title, the exception to this in Section 55 of the Housing Registration Act states that the registration of the title from forgery to the buyer is innocent in value. To be a qualifying point here is that there must be a complete chain of listed titles. This means that all transfers from the owner of the original rights to the innocent owner, which includes the transfer to the forger, must be properly recorded, and the title properly issued to the transferor. The counterfeit instrument turns out to be a valid title root on an arm that has no value. The new title in the name of the forger is registered and honored by the innocent buyer. Be clear that there is a complete chain of listed titles.
The problem is Rife
The name implies just the created contract: a fraudulent scheme that creates property, creates the homeowner’s signature, and uses created documents to claim that the property contract has been transferred. Fraudsters often try to notarize their actions using false positives. Once the document is notarized, the fraudster can register the deed and use it to obtain a mortgage. Long before the bank began to seize unsuspecting homeowners, the makers fled with the money.
The problem is yours
Pressure in all 50 states is a crime and can be punished with heavy fines and imprisonment, but ultimately it’s up to you to protect the property rights of your home, the United States. If you receive a mortgage or unfamiliar proceedings by mail, or if the county registration agency notifies you of an unsigned act registration, you are a victim of fraud. .. Suddenly you stop receiving property tax invoices, or get basic information when you’re not indifferent to paying your mortgage, as someone else claims ownership of your home.
Can solve the problem
Report the forgery to your local police. Contact a certified real estate attorney. False acts can be nullified by a legal action called “discreet title”. This eliminates fraudulent and incorrectly recorded activities. In some states, litigation may be funded by district attorneys as part of broader fraudster charges.
For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.
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