Cancellation of Encumbrance Petition

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

REPUBLIC OF THE

PHILIPPINES REGIONAL TRIAL


COURT
Fourth Judicial Region
Branch 23
Trece Martires City

IN THE MATTER OF THE


CANCELLATION OF REAL
ESTATE MORTGAGE (REM)
ENCUMBRANCES ON
TRANSFER CERTIFICATE OF
TITLES No OF THE
REGISTER OF DEEDS FOR THE
PROVINCE OF CAVITE,
LRC CASE NO.
REPRESENTED
BY
,Petitioner

- Versus -

REGISTER OF DEEDS FOR THE


PROVINCE OF
,Respondent
x x
PETITION

COMES NOW, Petitioners, through counsel and unto this Honorable Court, most
respectfully aver that:

1. Petitioner a domestic corporation duly organized and existing


under and by virtue of the laws of the Republic of the Philippines and with
principal business address at represented herein
by with office address
where notices, orders and other processes of this Honorable Court may be served.
For this purpose, the Secretary’s Certificate is attached herein as ANNEX “A”;

2. Respondent Registry of Deeds for the Province of is the


government office tasked with the purpose of implementing the Torrens System of
land registration, being the repository of records involving titled lands. The
respondent may be served with summons and other processes of this Honorable
Court at .

3. Petitioner is the registered owner of the ( )


parcels of land with their respective Transfer Certificates of Title duly registered
by the Registry of Deeds for the Province of Cavite, the complete list and
descriptions of which are attached herewith and marked as ANNEX “B”, and
made integral parts hereof.

4. Found on the aforementioned titles are annotations relating to a

5. That the aforementioned properties are not the subject of any Real Estate
Mortgage, nor were they used to secure any loan with as
certified by the bank itself. Attached as proof is the Bank’s Certification, herein
marked and attached as “ANNEX C”.

6. Considering that no real estate mortgage exists over any of the aforementioned
properties in favor of RCBC, petitioner submits that the aforementioned
encumbrances be struck off and removed from all of the aforementioned titles.

7. Petitioners submit that the cancellation of the aforementioned annotations is due


and proper.

8. The subject properties has been declared for tax purposes and real property taxes
have been regularly and religiously paid up to the current tax calendar year.

PRAYER
WHEREFORE, premises considered, it is most respectfully prayed after notice
and hearing, that an ORDER be issued, after payment of the corresponding legal fees,
directing the Registry of Deeds for the Province of Cavite to cancel the the annotations
found on the aforementioned titles.

All other reliefs just and equitable are likewise sought and prayed for.

ATTY.
Counsel for the Petitioner
---
---
---
---
---
--
VERIFICATION WITH CERTIFICATION OF
NON- FORUM SHOPPING

I, , legal age, , Filipino and with office


address at , Cavite after having been duly sworn to in
accordance with law, depose and state that:

1. I am the duly authorized representative of the Petitioner in the instant case;


2. I caused the preparation and filing of the foregoing Petition;
3. I have read and understood the contents of the Petition and that it is true and
correct based on my own personal knowledge as well as on authentic
documents and records.
4. I have not commenced any action or proceeding involving the same issues in
any court, or any other tribunal or agency and to the best of my knowledge, no
other action or claim is pending therein. If I should hereafter learn that the same
or similar action or claim has been filed or is pending, I undertake to report
such fact to this Honorable Court within five (5) days therefrom.

Wherefore, I have hereunto set my hand this in .

Affiant

SUBSCRIBED AND SWORN to before me this by


the above- named affiant, who has satisfactorily proven to me her identity, by
showing to me her , a competent
evidence of identity, and that she is the same person who executed and personally
signed the foregoing instrument before me.

Doc No. ;
Page No. ;
Book No. ;
Series of 2019.

You might also like