Involuntary Dealings With Registered Land - Boom

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  REGISTRATION OF EXECUTION SALE    SEC 74 OF PD 1529 o   To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with the Register of Deeds where the land lies. o   Registered in the registration book and memorandum upon proper certificate of title in each case either as adverse claim or as an encumbrance TAX SALE    Sale of land for collection of delinquent taxes and penalties due the government    In personam (all persons interested shall be notified so that they are given opportunity to be heard)    Notice to be given to delinquent tax payer at last known address    Publication of notice must also be made in English, Spanish and local dialect and posted in a public and conspicuous place wherein property is situated and at main entrance of provincial building    Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed    Tax lien superior to attachment    No need to register tax lien because it is automatically registered once the tax accrues    But sale of registered land to foreclose a tax lien need to be registered REGISTRATION OF TAX SALE 1.   Officer’s return shall be submitted to Register of Deeds together with duplicate title  2.   Register in registration book 3.   Memorandum shall be entered in certificate as an adverse claim or encumbrance 4.   After period of redemption has expired and no redemption (2 years from registration of auction sale) cancellation of title and issuance of new one 5.   Before cancellation, notice shall be sent to registered owner: to surrender title and show cause why it shall not be cancelled REDEMPTION IN EXECUTION SALES    May be redeemed by either the judgment debtor or his successor in interest in the whole or any part of the property, or by the creditor    May be made by debtor’s grantee or assignee, or assignee for the benefit of creditors, or trustee in insolvency proceedings.    the vendor or judgement debtor can alienate in favor of a third person his right to redeem CANCELLATION OF CERTIFICATE OF TITLE AND ISSUANCE OF NEW ONE    RTC has special and limited jurisdiction    LRA has authority to decided whether or not the cancellation of the existing title and issuance of a new certificate should be granted ADVERSE CLAIM  1.   Make a signed and sworn statement in writing: alleged interest, from whom acquired, how acquired, no. of certificate of land, name of registered owner, description of land 2.   Statement shall be entitled to registration as adverse claim on certificate of title 3.   Effective 30 days from date of registration 4.   May be cancelled by filing of a party in interest 5.   No 2 nd  adverse claim based on same ground shall be registered by same claimant
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