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    Affidavit of Adverse Claim

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    kit082488
    1. Marie B. Dela Cruz executed a Deed of Conditional Sale in 2013 to purchase a property covered by Title No. 111222, with an outstanding balance of 500,000 pesos. 2. She is filing this Affidavit of Adverse Claim because the Deed of Conditional Sale cannot be directly annotated on the title. 3. The affidavit attests to the facts in the Deed of Conditional Sale and supports her request to annotate an adverse claim on the title until full payment is made.

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    Affidavit of Adverse Claim

    Uploaded by

    kit082488
    49 views4 pages
    1. Marie B. Dela Cruz executed a Deed of Conditional Sale in 2013 to purchase a property covered by Title No. 111222, with an outstanding balance of 500,000 pesos. 2. She is filing this Affidavit of Adverse Claim because the Deed of Conditional Sale cannot be directly annotated on the title. 3. The affidavit attests to the facts in the Deed of Conditional Sale and supports her request to annotate an adverse claim on the title until full payment is made.

    Original Title

    AFFIDAVIT OF ADVERSE CLAIM

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    1. Marie B. Dela Cruz executed a Deed of Conditional Sale in 2013 to purchase a property covered by Title No. 111222, with an outstanding balance of 500,000 pesos. 2. She is filing this Affidavit of Adverse Claim because the Deed of Conditional Sale cannot be directly annotated on the title. 3. The affidavit attests to the facts in the Deed of Conditional Sale and supports her request to annotate an adverse claim on the title until full payment is made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    49 views4 pages

    Affidavit of Adverse Claim

    Uploaded by

    kit082488
    1. Marie B. Dela Cruz executed a Deed of Conditional Sale in 2013 to purchase a property covered by Title No. 111222, with an outstanding balance of 500,000 pesos. 2. She is filing this Affidavit of Adverse Claim because the Deed of Conditional Sale cannot be directly annotated on the title. 3. The affidavit attests to the facts in the Deed of Conditional Sale and supports her request to annotate an adverse claim on the title until full payment is made.

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    © All Rights Reserved
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    The document content describes an affidavit of adverse claim, which is a sworn statement made to assert an adverse claim or right over a property covered by a title.

    An affidavit of adverse claim is a sworn statement made to assert an adverse claim or right over a property covered by a title. It is used to notify interested parties of a conflicting claim to a property.

    Typical elements included in an affidavit of adverse claim are the identity of the affiant, description of the property, basis of the adverse claim, and request to annotate the adverse claim on the title.

    REPUBLIC OF THE PHILIPPINES)

    CITY OF MAKATI ) S.S.


    x-------------------------------------x

    AFFIDAVIT OF ADVERSE CLAIM

    I, MARIE B. DELA CRUZ, of legal age, Filipino, single and a resident of 2223
    Washington Street, Pio del Pilar, Makati City, after having been duly sworn to in
    accordance with law, depose and state:

    1. That on July 10, 2013, I have entered into a Deed of Conditional Sale which was
    acknowledged on the same date before Notary Public Juan Tamad of Makati City and
    entered in his Notarial Register as Doc. No. 2, Page 2, Book II, Series of 2013. A copy
    of the said Deed is hereto attached as ANNEX “A” and made an integral part of this
    Affidavit;

    2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain parcel of
    land covered by Transfer Certificate of Title No. 111222, more particularly described as
    follows:

    (Technical Description of Property)

    3. That because I still have a balance on the purchase price in the amount of
    P500,000.00 which is payable within one (1) (year) from the date of signing thereof, it
    was stipulated in the aforementioned Deed that title and ownership over the subject
    property will only be transferred upon full payment of the same;

    4. That the VENDOR in the said Deed of Conditional Sale agreed that upon its
    execution, said Deed shall be annotated in the Title with the Office of the Register of
    Deeds of Makati City;

    5. However, since the said Deed of Conditional Sale per se could not be annotated on
    the Title with the Office of the Register of Deeds, I am therefore executing this Affidavit
    for the purpose of attesting to the truthfulness of the foregoing allegations and in
    support of my request for the annotation of an adverse claim over the parcel of land
    covered by the Transfer Certificate of Title No. 111222.

    IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of September
    2013 in Makati City, Metro Manila, Philippines.

    MARIE B. DELA CRUZ


    Affiant

    SUBCRIBED AND SWORN TO before me this 26th day of September 2013 in Makati
    City, Metro Manila, Philippines, affiant exhibiting to me her Philippine Passport No.
    123456 issued in Manila on January 12, 2012 and valid until January 12, 2017.

    Doc. No. _____;


    Page No. _____;
    Book No. _____;
    Series of 2013.
    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 _____.
    Republic of the Philippines )
    City of __________ ) S.S.

    AFFIDAVIT OF ADVERSE CLAIM

    I, _____________, of legal age, Filipino, (single / married / widow), and a resident of


    _____________, after having been sworn to in accordance with law, depose and say:

    That I am one of the heirs of the late _____________.

    That a certain _____________ previously entered into a Deed of Conditional Sale with
    the (Government Service Insurance System (GSIS) or Pag-IBIG) for the purchase of a
    parcel of land (including the improvements thereon) located at _____________, more
    particularly described as follows:

    (Technical Description of Property) That on _____________, _____________ executed


    a (Deed of Transfer of Rights / Assumption of Obligations) in favor of the late
    _____________, which document is more particularly identified as Document No.
    ______, Page No. ______, Book No. ______, Series of ______ in the Notarial Register
    of Notary Public _____________ and a copy of which is attached herein.

    That in said (Deed of Transfer of Rights / Assumption of Obligations), _____________,


    for valuable consideration received, ceded, transferred and conveyed to
    _____________, his heirs, successors and/or assigns, all his rights, interest and
    participation in the purchase of the afore-described parcel of land.

    That as such, _____________ has since then relinquished all his rights, interest and
    participation over the afore-described parcel of land in favor of the late _____________
    and his heirs.

    However, it has come to my knowledge that _____________ is presently claiming to still


    have an interest over the aforementioned parcel of land and is attempting to sell or
    dispose of the same despite the fact that he has already conveyed all his rights and
    interests thereon to _____________ and his heirs.

    That unless an adverse claim is annotated on the afore-described Transfer Certificate of


    Title, the heirs of _____________ are in danger of being defrauded and deprived of
    their just and valid right over the afore-described parcel of land and, 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 set my hand this _____________, in the City
    / Municipality of _____________, Philippines.

    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 _____.

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