THE CERTIFICATE OF TITLE IS NOT THE TITLE!

Title

THE CERTIFICATE OF REAL PROPERTY TITLE IS NOT THE TITLE!

There are many misconceptions about the certificate of land title being THE TITLE OF THE PROPERTY ITSELF, which is not.

A title is a legal right or privilege. And it is NOT JUST A PIECE OF PAPER.

Let me site this analogy….

When a person becomes a medical doctor, he is awarded by the Professional Board of Physicians a Certificate, as proof of his TITLE as a medical doctor. Most of the time, we find these kinds of certificates in a laminated frame hanging on the walls of the doctors’ clinics to show everybody his/her title.

But what if the certificate was lost, does that mean that the doctor also lost his TITLE as a doctor? What if the certificate was destroyed by fire, does the doctor’s TITLE as a physician also gets destroyed together with that piece of paper? Or what if that certificate was stolen, or misplaced, and now being held by another person, does that mean the holder of the certificate OWNS THE TITLE as a doctor?

CERTAINLY NOT!

No matter what happens to that piece of paper/Certificate, a doctor’s title cannot be taken away from him/her because the TITLE is his/her LEGAL RIGHT/PRIVILEGE/DISTINCTION as a doctor. Unless, there is legal action that would strip that doctor of his/her title (think Hayden Kho here).

Like the ownership title of a property, a piece of paper is NOT the title.

A property ownership title could be via Deed of Absolute Sale, Equitable payment of debts, inheritance, donation, government grant, consolidation of foreclosed property, etc. And all these kinds of TITLE can be affirmed in writing, by registering the said “title” to the local Registry of Deeds, which in turn would print a CERTIFICATE that has inscriptions mentioning the said “title.”

Example:

You are buying a property, you paid the full contracted price and the seller executed a Deed of Absolute Sale conveying the ownership of the subject property to you as a buyer, and the document was duly notarized by a Notary Public. Together with the notarized sale document, the seller handed over the keys and the Certificate of Title to you. You read what was written in the Certificate of Title, and it reads that the registered owner is the name of the seller. Does that mean that you still don’t have the title of the property because the certificate of title is still in the name of the seller? That’s definitely not the case. As soon as the seller conveyed his ownership to the buyer by means of Deed of Absolute Sale, the transfer of title has already been made from the seller to the buyer. Now, it is the buyer’s responsibility to make sure that his “title” is registered to the Registry of Deeds so that the said-office can produce a certificate attesting the buyer’s title.

AS EMPHASIS:

The Certificate of Title is not the title itself, it only affirms the title of the title-owner by a written legal document.

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Cheers,

Gary Louis David

Real Estate Broker License No. 0003469

VP for Marketing KingDavid Realty Co.


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