Magandang Umaga Po♥️
This is to continue my blog entitled "AFFIDAVIT OF ONE AND SAME PERSON"
What's the issue?
As I said in my previous blog, I was working on a sale and partition of residential apartments. When the eCARs were released from BIR, I proceeded to the next step, payment of transfer tax, then have them registered for change of ownership and partition, at the Registry of Deeds.
I submitted all documents required by Registry of Deeds, however, I forgot to tell the examiner that there was a discrepancy in the name on the title vs the owner's true/legal name. The examiner overlooked the matter as well. She was able to find the discrepancy, only at the time, when she started reviewing our documents.
Suggested solution
The examiner texted me, advising that I should submit an "Affidavit of One and Same Person". It is necessary so that the change of ownership due to SALE can be effected. For your reference, I provided the template for this "AFFIDAVIT OF ONE AND SAME PERSON" on my earlier blog, with the same title.
Change of ownership perfected
With the "AFFIDAVIT OF ONE AND SAME PERSON", Registry of Deeds was able to transfer title's name from the Seller to the Buyers. However, since this is a partition transaction, where one apartment unit was not subject to sell, the remaining property which was not sold, will still reflect the name of the owner which has discrepancy on the title.
The "AFFIDAVIT OF ONE AND SAME PERSON" will just give Registry of Deeds authorization to transfer ownership as per sale documents presented. It will not correct the name discrepancy for the remaining unsold lot/apartment unit.
What to do if you want to correct the name discrepancy
It needs court proceedings, so you need to get the services of a lawyer. That makes the process costly and will take longer time to finish.
Advise from examiner
The best that could be done, considering it's costly opting for the court proceedings, is to execute the document "AFFIDAVIT OF ONE AND SAME PERSON", submit it to the Registry of Deeds for entry to their books/records. There is a fee for the entry, I'm not sure how much, but was advised, it's around P1,000.00. The document will be attached to your file, so that in case you will sell the property, Registry of Deeds will effect the change of ownership due to Sell. The "AFFIDAVIT OF ONE AND SAME PERSON" will vouch that you and the person in the title with name discrepancy is one and same person.
THAT'S IT GUYS😁😉 THIS WILL BE ALL FOR NOW💚♥️ Hope this is useful to you!
Thank you,
Pamanafromancestors♥️
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