Showing posts with label Real Property. Show all posts
Showing posts with label Real Property. Show all posts

Friday, December 10, 2021

Affidavit of Confirmation of Sale

REPUBLIC OF THE PHILIPPINES          )
City of _________________                      ) S.S.



AFFIDAVIT OF CONFIRMATION



            I, (NAME OF AFFIANT), Filipino, of legal age, single/married, and a resident of (Place of Residence of Affiant), Philippines, after having been duly sworn in accordance with law hereby depose and state – THAT:

 

1.    That on  (Date), I executed a Special Power of Attorney authorizing my Attorney-in-Fact (Name of Attorney-in-Fact/Agent) to sell the following stated properties:

 

(Details of Property including Technical Description)

 

2.    On (Date), my Attorney-in-Fact entered into a Contract of Sale over the following stated properties;

 

3.    I hereby affirm and confirm the Contract of Sale entered into by my Attorney-in-Fact on (Date) and which was executed before Notary Public _________________, and entered as Doc. No. _______; Page No. _______; Book No. _______; Series of _______ of his/her notarial register;

 

4.    I further confirm that I have authorized that all payments payable to me by virtue of the above-stated Contract of Sale be made payable under the name and account of my Attorney-in-Fact;

 

5.    I further authorize my  Attorney-in-Fact to encash and/or deposit said checks in payment of the lease of my properties.

 

 

IN WITNESS WHEREOF, I have hereunto affixed my signature this (Date of Signing),  in (Place of Signing), Philippines.

 

 

(NAME OF AFFIANT)

Affiant

 

 

SUBSCRIBED AND SWORN to before me this (Date of Notarization) in (Place of Notarization), Philippines, affiant having presented to me (ID Details) as competent proof of identity.

 

 

Doc No. _____;

Page No. _____;

Book No. _____;

Series of _____.

 


Tuesday, June 29, 2021

Release of Mortgage

 

RELEASE OF MORTGAGE

 

KNOW ALL MEN BY THESE PRESENTS:

 

That I, (NAME OF MORTGAGEE / AUTHORIZED SIGNATORY), a Corporation duly organized and existing under and by virtue of Philippine Laws / Filipino, of legal age, (civil status), with office address at (Address of Bank/Corporation) / and a resident of (Address of Mortgagor if Individual and not Corporation), Philippines, mortgagee of (Property Mortgaged) in a Deed of Real Estate / Chattel Mortgage executed by (Name of Mortgagor) on (Date of Mortgage) and entered as Doc. No. _____; Page No. _____; Book No. _____; Series of _____ in the Notarial Register of Notary Public (Name of Notary Public Who Notarized the Deed of Mortgage), hereby release and discharge from the lien of the Mortgage the above described property, the indebtedness to the Bank/Corporation/Undersigned secured by said Mortgage having been completely paid and settled to my full satisfaction, as well as such other terms and conditions for the release/discharge of the said Mortgage lien having been complied with.

IN WITNESS WHEREOF, I have hereunto set my hand, this (Date of Signing) at (Place of Signing), Philippines.

 

MORTGAGEE

WITNESSED BY: ______________________         ______________________

 

 

Republic of the Philippines    )

City of Makati                        ) S.S.

 

            BEFORE ME, a Notary Public in and for the City of Makati, this (Date of Notarization), personally known to me to be the same person who executed and voluntarily signed the foregoing Deed of Release of Mortgage which he acknowledged before me as his free and voluntary act and deed.

 

            WITNESS MY HAND AND SEAL, this (Date of Notarization) in the City of Makati.

 

 

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of 2021;

Tuesday, August 4, 2020

Affidavit of Adverse Claim

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This is the basic version. The complete Affidavit of Adverse Claim pack gives you five ready to edit versions for different situations, such as an unregistered buyer, an installment buyer, an heir, a spouse, or a co owner. It also includes filled samples to follow and a plain English guide on notarizing and filing.

Get the pack here: Affidavit of Adverse Claim Pack (Philippines): 5 Editable Templates and Filled Samples

For document preparation only. Not legal advice. Please consult a lawyer for complicated or disputed matters.

----------------------------------------------

Republic of the Philippines )
City of __________             ) S.S.


AFFIDAVIT OF ADVERSE CLAIM

I, (NAME OF AFFIANT), of legal age, Filipino, single/married, and a resident of (Place of Residence), after having been sworn to in accordance with law, depose and say – THAT:

1.    I am one of the heirs of the late (Name of Deceased Ascendant/Parent/s);

2.    By hereditary succession, ownership and other real rights are transmitted by law to me and my co-heir over the parcel of land located at (Location of Property), more particularly described as follows:


(Technical Description of Property)


3.    It has come to my knowledge that (Name of Person Involved) has caused the titling in his/her name and is presently claiming to have an interest over the said parcel of land;

4.    Clearly, said title and claim are based on forged or fraudulent documents executed sometime on (Date) in favor of the (Name of Person Involved), copies of which are attached herein;

5.    Unless an adverse claim is annotated on the said Original Certificate of Title, the heirs of (Name of Deceased Ascendant/Parent/s) are in danger of being defrauded and deprived of their just and valid right over the said parcel of land; and

6.    As such, I am executing this Affidavit in support of my request for the annotation of an adverse claim over the parcel of land described herein.

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto affixed my signature this (Date), in (Place), Philippines.


(NAME OF AFFIANT)
Affiant


SUBSCRIBED AND SWORN to before me this (Date) in (Place), with affiant exhibiting to me his (ID details), a government-issued ID bearing his/her signature and photograph.


Doc. No. ____;
Page No. ____;
Book No. ____;
Series of _____.

Monday, August 3, 2020

Exclusive Option to Purchase Agreement


EXCLUSIVE OPTION TO PURCHASE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:
This Exclusive Option to Purchase Agreement is made and executed by and between:

(NAME OF GRANTOR), of legal age, Filipino, married to (Name of Spouse), and a resident of (Place of Residence), hereinafter referred to as the “GRANTOR”;

-and-

(NAME OF GRANTEE), of legal age, Filipino, married to (Name of Spouse), and a resident of (Place of Residence), hereinafter referred to as the “GRANTEE”.


WITNESSETH: That –


WHEREAS, the GRANTOR is the absolute and registered owner of a parcel of land situated at (Barangay, City/Municipality, Province), Philippines, covered by (Transfer/Original Certificate of Title Number)  of the Registry of Deeds for (Place) / (Tax Declaration Number) of the Municipal/City Assessor of (Place);

WHEREAS the GRANTEE wishes to purchase the said parcel of land for good and valuable consideration from the GRANTOR;

NOW, THEREFORE, the GRANTOR hereby grants unto said GRANTEE the EXCLUSIVE OPTION to buy the said real property [with/without improvements] situated at (Barangay, City/Municipality, Province), Philippines, and more particularly described as follows:


TRANSFER CERTIFICATE OF TITLE NO. __________

A parcel of land (Lot ___, Block ___, of the consolidation-subdivision plan, Pcs-_________, being a portion of _______, and _______, Psd-_______), situated in the Barrio of _______, City of _______, Island of _______. Bounded on the NW. and NE. along lines 1-2-3-4-5 by Road Lot 6, on the SE. along line 5-6 by Lot 35, Block 13, along line 6-7 by Lot 34, Block 13, on the SW. along line 7-1 by Lot 37, Block 13, all of the consolidation-subdivision plan; containing an area of TWO HUNDRED (200) SQUARE METERS, more or less. (A copy of TCT _______ is herein attached as Annex “A”)

That the purchase price of the above-described property is hereby agreed at (AMOUNT IN WORDS) PESOS (Amount in Figures) Philippine currency, payable within the period of this option, which shall expire on (Date of Expiry), at (Time of Expiry);
That the GRANTEE, upon deciding to exercise the right under this option, shall serve written notice to the GRANTOR at least ten (10) days in advance of the date to be fixed for the execution of the Deed of Absolute Sale, together with such other legal papers as may be necessary, and simultaneously for the delivery of the agreed purchase price;
That it is further agreed that if the GRANTEE shall fail to exercise the right under this option within the period above stipulated, or fail to pay the agreed purchase price on the date set for the execution of the necessary instruments, then this option shall be deemed automatically cancelled and rendered of unenforceable and of no effect, and the consideration paid thereof forfeited in favor of the GRANTOR: Provided, however, that if the sale be consummated, the consideration of this option received by the GRANTOR shall be applied as part of the agreed purchase price; and
That all incidental expenses including attorney’s fees and Documentary Stamps and Capital Gains Tax shall be for the account of the GRANTOR or Seller, and the registration fees and transfer tax for the transfer of title to the GRANTEE or Buyer shall be for the account of the latter.
IN WITNESS WHEREOF, the parties have caused these presents to be signed on (Date) at (Place).


(NAME OF GRANTOR)
Grantor


With my marital consent: (NAME OF SPOUSE OF GRANTOR)



(NAME OF GRANTEE)
Grantee


Witnesses: ______________________              ______________________



ACKNOWLEDGMENT


Republic of the Philippines )
City of _______________  ) S.S.

BEFORE ME, a Notary Public for and in the city named above, this ____ day of _________________, personally appeared the following

NAME
I.D. NO.
DATE & PLACE ISSUED
GRANTOR





SPOUSE OF GRANTOR





GRANTEE






known to me and to me known to be the same persons who executed this Exclusive Option to Purchase Agreement and acknowledged to me that the same is their free and voluntary act and deed.

The foregoing document relates to an Exclusive Option to Purchase Agreement, consisting of ________ (___) pages including the page on which this acknowledgment is written and has been signed on each page by the parties and their instrumental witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above written.



Doc. No. _____;
Page No. _____;
Book No._____;

Series of _____.




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