Steps For Reissuance.docx

2 Options in Replacing A Lost Land Title | A Guide 

Jurisdiction Process

This takes about 6-9 months and hiring a lawyer is needed since the replacement of a land title through the judicial process will go through the court. This means additional expenses but it is all worth it once the original copy of the land title has been reissued. 1. File for Annotation of the Affidavit of Loss. 2. Request a Certified True Copy (with annotation of loss). 3. File a petition at the Regional Trial Court. 4. Attend the jurisdictional hearing. 5. Submit proof or evidence. 6. Wait for the issuance of a Court Decision. 7. Wait for the Certificate of Finality to be issued. 8. File a Court Decision and Certificate of Finality at the Registry of Deeds. 9. Wait for the issuance of Replacement of Owner’s Land Title.

10. The record reveals that in compliance with the jurisdictional requirement that notice of the loss be sent to the Register of Deeds of the province where the land lies, petitioners submitted Aytonas Affidavit of Notice of Loss[9]dated 28 November 2001, duly stamped Received by the Registry of Deeds of Daet, Camarines Norte. They then attached to their petition for the issuance of a new TCT Aytonas affidavit of loss which states that the title was entrusted to him but he later discovered that it was among the personal belongings which he could no longer locate. The relevant portions of the said affidavit state: 11. 12. 4. That since the same has been entrusted to me, I had been in possession of the Owners duplicate copy of said title and I kept the same in my files; 13. 14. 5. That however, lately when I look for the same in my files I discovered that it was among those personal belongings which I could no longer locate and despite diligent efforts in search of the said title, the same could no longer be found up to this date [there by] creating

in my mind a conclusion that the same has been lost and already beyond recovery; 15.

16. 17. 18. 6. That said Owners duplicate copy of TCT#11356 has not been delivered to any person of entity to secure payment of performan 19. To bolster the allegation that the certificate of title had been lost, Aytona gave the following testimony: 20. 21. Q: Do you have the title in your possession right now? 22. A: I dont have. 23. 24. Q: Why? 25. A: The title was somewhat lost because when I was looking for the title I cannot find the title in my possession. 26. 27. Q: What did you do after learning that said title has already been lost? 28. A: Well, I check with my wife and other relative if they borrowed it from me and I found out that the said title is not in their possession so they advised me to search on it and what I did was I still kept on searching for it and after that I really cannot find it anymore. 29. 30. Q: For how long did you search? 31. A: More than a year. 32. 33. Q: After exerting diligent effort to locate the same and search seem to be futile[,] what did you do next, if any? 34. A: I decided to execute an Affidavit of Loss of the title.[11]