Sample Cancellation of Encumbrance Petition
Sample Cancellation of Encumbrance Petition
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.
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
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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.