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Sample Cancellation of Encumbrance Petition

This petition seeks to cancel real estate mortgage encumbrances on land titles registered under the petitioner's name. Specifically, it requests an order directing the Registry of Deeds for Cavite Province to remove annotations relating to a real estate mortgage on various parcels of land owned by the petitioner. It asserts that the properties are not subject to any real estate mortgage in favor of the referenced bank, as confirmed by a bank certification. The petitioner believes the encumbrances should be cancelled as inaccurate based on submitted documentation of property ownership and tax payments.

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0% found this document useful (1 vote)
2K views3 pages

Sample Cancellation of Encumbrance Petition

This petition seeks to cancel real estate mortgage encumbrances on land titles registered under the petitioner's name. Specifically, it requests an order directing the Registry of Deeds for Cavite Province to remove annotations relating to a real estate mortgage on various parcels of land owned by the petitioner. It asserts that the properties are not subject to any real estate mortgage in favor of the referenced bank, as confirmed by a bank certification. The petitioner believes the encumbrances should be cancelled as inaccurate based on submitted documentation of property ownership and tax payments.

Uploaded by

Vilma Pabines
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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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 
---
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---
---
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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.  

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