DETECTING FRAUDS AND FAKE TITLES

There is no hard and fast rule in detecting fake or spurious titles. They come in many forms and style. But still the bottomline is when referring to such titles, it should be understood that the certificate of title itself purporting to be genuine is actually fake. It is a counterfeit and therefore, it has no value whatsoever.

When one intends to buy a property, or otherwise, when receiving certificates of title for purposes of transferring ownership, it is important to check on the following:

1. Examine the certificate of title, and if you need clarification, do not hesitate to ask questions.

2. Who is the owner? Does the civil status appear on the title? If married, who is the spouse? If single, is it still true at this time? What is the age? If a minor, who is the parent or guardian? Where is the place of residence? What is the address indicated? Is it still the actual address at the time of examination?

3. Next step is to look at the history of transactions. Is it clean? Meaning, there is no lien or encumbrance like a mortgage, lis pendens, or adverse claim. There could be a possibility that the certificate of title is an old one and had already been replaced by another but which may already be under the name of another person. Thus, the old title in this case is spurious.

4. Always obtain a photocopy of the certificate of title and check its current status with the Register of Deeds of the locality having jurisdiction over the property in question.

5. Find out if realty taxes have been paid and updated. You will need to go to the local government office of the treasurer and found out if payment is current. You may want to secure a certification of payments made and status of the property.

6. It is also important to secure an updated tax declaration from the assessor's office of the local government unit.

7. It may be helpful to obtain a location and a survey plan approved by the Bureau of Lands. Usually, the name of the owner and the title being referred to are indicated in the map or plan.

8. Of course, the next best thing to do is to check on the property. Based on the documents you have gathered, and through the help of license experts such as a broker, appraiser, consultant or geodetic engineer, you can certain the truthfulness of the data indicated in the title.

In a capsule, when still in doubt, ask more questions and secure more documents like real property tax receipts, among others.