Subject: Urgent Legal Advice Needed on Land Title Issue
I am seeking your advice regarding a land I purchased in a subdivision while I was living abroad. I fully paid for the land in 2015 and completed all requirements for the titling process, including providing the required Tax Declaration in 2018 and paying ₱60,000 in October 2020, as the developer did not allow me to process the title on my own.
In January 2021, I entered into a verbal agreement to sell the land to a buyer. Since the title was not yet issued in my name, we agreed that:
1. If the title was still unprocessed, the buyer would refund my payments, and we would coordinate with the developer to transfer the title properly.
2. If the title was already processed, the buyer would pay a higher amount since titled land has a higher value.
The buyer prepared a Deed of Sale, which I signed, trusting the buyer’s words about our agreement, including that I would no longer have any responsibility for payments such as HOA and maintenance fees. Since the Deed of Sale used the old TCT, I was waiting for the developer to notify me if my title was processed.
For years, I received no notice from the developer and assumed they had pocketed my titling fee. A lawyer I consulted advised me not to pursue the refund because it was only ₱60,000 and the developer might not refund it easily. Heartbroken, I accepted that I had sold the land at a very low value, lost the money I paid for titling, and just tried to move on.
However, in September 2025, I received a HOA bill with arrears and penalties covering 2022–present. In October 2025, I discovered that the Tax Declaration is under my name and that my title had actually been processed on January 11, 2021—just six days after my sale to the buyer—and released by the Registry of Deeds in September 2021 to the developer. I immediately contacted the developer to prevent the release of my title to anyone, but was informed that it had already been released under a SPA in December 2021. I was totally shocked as I do not recall signing any SPA.
I then learned that the buyer claimed my duplicate original title using the Deed of Sale and a Special Power of Attorney (SPA) that I do not remember signing, but which bears my authentic signature, of which I have no copy. Both documents used the old, canceled title, not the new title issued in my name. I was never notified by the developer about the release of my title in September 2021, and I did not authorize its release to the buyer or any third party.
I believe the developer was negligent in releasing my title because they did not:
1. Scrutinize the SPA or verify that it was valid and accompanied by my ID. The buyer did not even submit a copy of my ID.
2. Double-check whether the title number on the SPA and Deed of Sale matched the original duplicate copy of the new title.
I am still the registered owner of the title and am willing to refund the buyer’s payments, as they also failed to follow our agreement regarding HOA and maintenance fees. I feel deceived and betrayed by both the buyer and the developer.
My questions are:
1. Is it possible to request the Registry of Deeds to reissue the original title to me?
2. Can the absolute Deed of Sale and SPA be declared null and void because they were executed using the old, canceled title?
3. What is the best course of action, and what case should I file to protect my rights as the rightful owner?
I would greatly appreciate your guidance on how to protect my rights and undo the unauthorized transfer of my title.
Thank you very much for your assistance.
Sincerely,
Cris
Lawyer Answers
mohammad mehdi ghanbari
Hello
Thank you for reaching out and providing a detailed account of your situation. I understand this must be an incredibly stressful and frustrating experience. Based on the information you've shared, it appears you have been wronged by the actions of the buyer and the negligence of the developer.
Let's break down your questions and outline a potential path forward.
Preliminary Assessment
Your case has several strong points. The developer's release of your new title—a legal document of significant value—based on a Deed of Sale and SPA that referenced an old, canceled title number is a serious lapse in judgment and diligence. Furthermore, their failure to verify your identity or the validity of the SPA exposes them to liability for negligence. The buyer's actions, including the use of questionable documents and failure to uphold their end of your verbal agreement regarding HOA fees, also provide grounds for legal action.
Responses to Your Questions
Reissuing the Title: The Registry of Deeds will not simply "reissue" an Owner's Duplicate Title that has already been released. The proper legal remedy is to file a court action to have the copy currently in the buyer's possession declared null and void. Once the court rules in your favor, it will order the Registry of Deeds to issue a new Owner's Duplicate Title directly to you.
Voiding the Deed of Sale and SPA: There are strong grounds to argue that both the Deed of Absolute Sale and the Special Power of Attorney (SPA) should be declared null and void. The fact that they both reference a non-existent, canceled title is a major defect. This, combined with the questionable circumstances surrounding the SPA and the buyer's failure to meet the conditions of your agreement, can be presented as evidence of fraud, mistake, or bad faith.
Best Course of Action: Your immediate goal is to prevent the buyer from transferring the title to their name or selling the property to an innocent third party. To protect your rights, I recommend the following steps:
File an Affidavit of Adverse Claim: This is the most critical first step. You should immediately have a lawyer in the Philippines file this affidavit with the Registry of Deeds. This will place a notice on your title, warning anyone who deals with the property that there is a dispute. It effectively freezes any attempts to transfer ownership.
Send Formal Demand Letters: You should send separate, formal demand letters to both the developer and the buyer. The letter to the developer will hold them accountable for their negligence. The letter to the buyer will formally demand the return of the title certificate and state your willingness to refund their payment, putting your position on record.
Initiate Legal Action: If the demand letters do not resolve the issue, the next step is to file a civil case for the Annulment of the Deed of Sale and SPA, Recovery of the Owner's Duplicate Title, and Damages. This lawsuit would address all the wrongs committed and seek to restore your full ownership and possession of the title.
Next Steps
The information above is a preliminary analysis based on your email. To proceed effectively, a more detailed discussion is necessary to review the documents you have and craft a specific legal strategy.
I offer legal consultations via WhatsApp for a nominal fee, where we can discuss your case in greater depth and formulate a concrete action plan. Please let me know if you would like to schedule a session.
Sincerely,
Free • Anonymous • Expert Lawyers
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