Petition For Loss Sample.docx

2006 New York Code - Loss Of Duplicate Certificate. § 414. Loss of duplicate certificate. If any duplicate certificate of title is lost or destroyed, the owner of the property or the current grantee with proper certified deeds may file with the registrar a verified petition. Such petition shall conform to the form annexed hereto, which may be made available by the registrar. Upon filing of such petition, the registrar shall issue a new duplicate certificate, which shall contain a memorandum of the fact that it is issued in place and stead of the lost or destroyed certificate, and which shall be entitled to like faith and credit as the original duplicate certificate. Any previously issued owner's duplicate certificate of title becomes void and invalid. FORM Article 12 Section 414 R.P.L. Petition may only be submitted by the owner, or the current grantee with proper certified deeds submitted simultaneously. ANY FALSE STATEMENT MADE HEREUNDER IS A VIOLATION OF STATE LAW SUBJECT THE PERSON TO CIVIL AND CRIMINAL PENALTIES. --

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PETITION TO REPLACE LOST OR DESTROYED OWNER'S DUPLICATE CERTIFICATE OF TITLE STATE OF NEW YORK} COUNTY OF }

ss.:

__________ owner's name(s) _____________________________________ being duly sworn, deposes and says that he-she-they is/are the Petitioner(s) and reside at ____________________________________________________________ and is/are of legal age; that he-she-they is/are the owner(s) of the following described property ((property description)) under Certificate of Title Number __________________ under the Land Title Registration Law. A thorough and complete search has been made for the Owner's Duplicate Certificate of Title number _______________. Said Owner's Duplicate Certificate of Title can not be located. This petition is being made to direct the Registrar of __________________ County, to issue in place and stead, a new Owner's Duplicate Certificate of Title number __________ in the name(s) of ______________________________________________ with all memorials placed thereon. Upon the filing of this affidavit, I/we realize any previously issued Owner's Duplicate Certificate of Title becomes void and invalid. _____________________________ LS Petitioner VERIFICATION

STATE OF NEW YORK} COUNTY OF }

ss.:

I/we _________________ name(s) _______________ being sworn, say(s): I/we am/are the Petitioner(s) in the within action: I/we have read the foregoing Petition and know the contents thereof: the same is true to my own knowledge, except as to the matters herein stated to be alleged on information and belief, and as to those matters I/we believe to be true, and have furnished the following proof of identification: _____________________________. __________________________ LS petitioner) Sworn to before me this _________ day of _______________ 19 ____. __________________________ Notary Public

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION Branch 40, Dagupan City -0O0IN RE: PETITION FOR ISSUANCE OF DUPLICATE OWNER’S COPY OF TRANSFER CERTIFICATE OF TITLE NO. 267198 IN LIEU OF THE LOST ONE -––––JOHANNA MARIE P. GUBATAN in her behalf and in behalf of her minor brother, John Paul P. Gubatan,/Petitioner, x–––––––x CAD. CASE NO. 2012-0060-D x––––––––––––––x

ORDER This is a verified petition filed by the petitioner, through her counsel, praying from this Honorable Court to declare as null and void the duplicate owner’s copy of TCT No. 267198, which had been lost and now considered beyond recovery and to order and direct the Register of Deeds, Lingayen, Pangasinan to issue in lieu of the lost one, a new duplicate owner’s copy thereof. Let the petition be set for hearing on October 19, 2012 at 8:30 o’clock in the morning on which date, time and place, the petitioner shall appear and prove his petition, and that all persons having any opposition thereto may appear and show cause, if any, why the petition should not be granted. Let this order be published at the expense of the petitioner once in a newspaper of general circulation in the province of Pangasinan, including the cities of Dagupan, San Carlos, Alaminos and Urdaneta, and be posted by the petitioner in the bulletin boards of the Registry of Deeds, Lingayen, Pangasinan, Sangguniang Bayan, Mangaldan, Pangasinan, Sangguniang Panlalawigan, Lingayen, Pangasinan and at the barangay hall where the property is situated. Notify the petitioner and her counsel. Send copies of this order to the Barangay Captain of Maasin, Mangaldan, Pangasinan, Sangguniang Bayan, Mangaldan, Pangasinan and Sangguniang Panlalawigan, Lingayen, Pangasinan. SO ORDERED. Dagupan City, Philippines, September 7, 2012. (SGD.) EMMA M. TORIO Acting Presiding Judge Certified True/Xerox Copy (SGD.) ATTY. PHILIP M. CRUZ Clerk of Court V September 23, 2012 - See more at: http://punch.dagupan.com/articles/judicial-notices/2012/09/petition-for-issuanceof-duplicate-owners-copy-of-transfer-certificate-of-title/#sthash.t6FKlbp4.dpuf

Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Branch _____ Makati City IN THE MATTER OF OF ORIGINAL COPY CERTIFICATE OF TITLE

OF NO.

RECONSTITUTION TRANSFER T-123456 Spec. No. ____

Proc. ALA TITULO, Petitioner. x---------------------------x PETITION FOR RECONSTITUTION OF TRANSFER CERTIFICATE OF TITLE

COMES NOW, petitioner ALA TITULO through counsel, unto this Honorable Court, respectfully alleges: 1. That petitioner is of legal age, married, Filipino citizen and residing at 222 Teresa Street, Valenzuela, Makati City; that respondent REGIE STER is the Register of Deeds of Makati City where he may be served with summons and other court processes; 2. That petitioner is the registered owner of a parcel of land located at 4522 Acacia Street, Pembo, Makati City and covered by Transfer Certificate of Title No. T-123456, Register of Deeds of Makati City, free of any encumbrances; 3. That on April 5, 2013 the office of the register of Deeds of Makati City was burned and all the Torrens Titles in said office including T.C.T. No. T-123456 were burned; 4. That said transfer certificate of title was never mortgaged or sold to anyone. WHEREFORE, it is respectfully prayed that the Register of Deeds of Makati City issue a reconstituted original certificate of title based on the

owner’s duplicate certificate of title hereto attached in the name of herein petitioner. Other just and equitable reliefs are likewise prayed for. Respectfully submitted. 15 August 2013 City of Makati. ATTY. V X YZ Counsel for the Petitioner (VERIFICATION)

Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch ___ Tagum City, Davao del Norte

IN RE: PETITION FOR ISSUANCE OF NEW CERTIFICATE OF TITLE IN LIEU OF THE LOST ONE

LRC. CASE # ___________ FOR: Reconstitution of Lost Title

SPS. MELANIO TREBAJO, JR. and ADELUISA A. TREBAJO Duly represented by MEDARDO Q. TREBAJO As Attorney-in-Fact Petitioners, -versusREGISTRY OF DEEDS FOR THE PROVINCE OF DAVAO Defendant. x--------------------------------------x

PETITION FOR RECONSTITUTION OF LOST TITLE PETITIONERS, assisted by the undersigned counsel, most respectfully states: 1. That petitioners are both of legal age, Filipinos, married to each other and duly represented in this petition by MEDARDO Q. TREBAJO, as their Attorney-in-Fact, per Special Power of Attorney notarized before Notary Public ANTONIO M. BRAGANZA of California, Photocopy of the same is hereto attached and marked as Annex “A”; 2. That the petitioners are the owners of parcel of land covered by Transfer of Certificate Title No. T-41510, consisting an area of ONE HUNDRED EIGHTY (180) SQUARE METERS, more or less, situated at Visayan Village, Tagum City, Davao del Norte, of Registry of Deeds for the Province of Davao del Norte. Certified True Copy of Transfer Certificate of Title is hereto attached and marked as Annex “B”; 3. That, unfortunately, while the Owner’s Duplicate Copy of Transfer Certificate of Title No. T-41510 in the name of Petitioners was in their possession and

custody, thru inadvertence it was lost and despite earnest efforts exerted to locate the same, but, of no avail. Photostat copy of the Affidavit of Loss duly authenticated by the Deeds for the Province of Davao del Norte is hereto attached as Annex “C”; 4. That said Transfer of Certificate of Title has never been pledged or otherwise delivered to any person or entity to guarantee any obligation or for any other purpose and that said title is intact with the Office of the Registry of Deeds for the Province of Davao del Norte, copy of the certification is hereto attached and marked as Annex “D”; 5. That the taxes of the subject parcel of land have been duly paid, copy of the Tax Clearance is hereto attached as Annex “E”; 6. That subject land is not subject to any pending case. Copy of the Certification of No Pending Case is hereto attached as Annex “F”; 7. That this petition is filed in good faith and not to circumvent any law.

PRAYER WHEREFORE, petitioners respectfully pray of this Honorable Court to declare null and void the owner’s duplicate of Transfer Certificate of Title No. T41510, which has been lost and to order and direct the Registry of Deeds of the Province of Davao del Norte after payment of the fees prescribed by law, to issue in lieu thereof a new owner’s duplicate Transfer Certificate of Title No. T-41510 which shall be, in all respect, entitled to like faith and credit as the original duplicate in accordance with section 109 of Act. 496, as amended by Presidential Decree No. 1529 otherwise known as Property Registration Decree. PETITIONERS, pray for such other relief/s just and or equitable under the premises. Tagum City, Philippines, ___________________.

SPS. MELANIO TREBAJO, JR. and ADELUISA A. TREBAJO

Duly represented by: MEDARDO Q. TREBAJO As Attorney-in-Fact

Assisted by:

ATTY. PLACIDO R. ALCOMENDRAS, III Counsel for the Petitioners Door 6, Sevillano Bldg., Km. 56, National Highway, Tagum City, Davao del Norte MCLE Comp. No. III-0002791/3-24-2009 PTR No. 4827702/1-4-2013 IBP No. 851444/11-26-2012 TIN: 194-391-529 Roll No. 42826

Republic of the Philippines ) Tagum City ) x-------------------------------x VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, MEDARDO Q. TREBAJO, of legal age, married, Filipino and a resident of 4236 Luzvimin Mel Village, Magugpo West, Tagum City, Davao del Norte, after having been sworn to in accordance with law do hereby depose and state: 1. That I am the Attorney-In-Fact of the abovementioned case, per Special Power of Attorney notarized before ANTONIO M. BRAGANZA, Notary Public for and in California; 2. That all the contents and allegations thereat are true and correct to my own knowledge and belief an the documents therewith attached are based on authentic records; 3. That I have not commenced in any other proceedings or actions involving the same issues in this case in the Supreme Court, the Court of Appeals or any other tribunal or agency; 4. That to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency; 5. That if I should learn that a similar action or proceeding has been filed or is pending in the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to report the same within Five (5) days from knowledge hereof to this Honorable Court. IN WITNESS WHEREOF, I have hereunto affixed my signature this _______ day of _______________ at Tagum City, Davao del Norte.

MEDARDO Q. TREBAJO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME. Affiant exhibiting to me her ____________________________________________.