Deed of Sale for Real Property: Outline and Forms, Slides of Law

Download Deed of Sale for Real Property: Outline and Forms and more Slides Law in PDF only on Docsity! SPECIAL LECTURE DRAFTING OF DEEDS OF CONVEYANCES AND OTHER LEGAL FORMS By: Atty. Carmencita Caluntad-Dabu What is a document? A document is a written instrument, an agreement, a deed, a map, an object, a photograph or anything which proves a fact, an event, an incident, or transaction. Two kinds of document: a) private document b) public document.  Significance of notarization of document: Notarization is the act that ensures the public that the provisions in the document express the . agreement between the parties. [Aguinaldo vs. Torres, Jr., 839 SCRA 354 (2017)] It converts a private document to a public document and renders it admissible in court without further proof of its authenticity. [Coquio vs. Laforteza, 811 SCRA 129; Philippine Trust Company vs. Gabinete, 822 SCRA 195, ( both cases 2017) ] Hence, it enjoys the presumption of regularity which can be overcome by clear and convincing evidence. [Tapuyan vs. Martinez, 816 SCRA 178 (2017)] IMPORTANT GUIDES IN THE DRAFTING OF LEGAL DOCUMENTS 1. nature and kind of document to be prepared – depends on transaction 2. important details of the parties: - names and addresses of the parties - valid competent evidence of identity 3. subject matter of the transaction - real property – title number; area and location; if improvements are included; 4. papers/documents needed: - Special Power of Attorney or Board Resolution/Corp. Sec. Cert. - photocopy of title and tax declaration 5. Prepare an outline of the terms and conditions: - The terms and conditions will depend on the nature of the document to be prepared and on the agreement of the parties. e) warranty of the seller of his title with undertaking to defend his title against claims of third persons; f) land is not covered by Land Reform laws, rules and regulations; not tenanted and no occupant; g) property is free from any lien or encumbrance FORM 1- Signature Portion Of The Notary Public  (Signature and Seal of the Notary Public)  NOTARY PUBLIC  A. M. No/Comm. No.______ Date & Place Issued  Commission expires on December 31, _____  Roll of Attorney Number  IBP No., _____Date & Place issued  PTR No._____ Date & Place issued  MCLE Comp. No.____; Date & Place Issued Office Address; tel. number e-mail address  Doc. No.______;  Page No.______;  Book No.______;  Series of 2022. FORM 2-Deed of Absolute Sale (Registered land) DEED OF ABSOLUTE SALE KNOW ALL MEN BY THESE PRESENTS: This Deed of Absolute Sale, made and entered into this _____ day of _____________, 2022 in Quezon City, by and between: TCT No.________ “A parcel ...... (technical description up to “containing an area of ....”---------------) including the improvements existing thereon covered by Tax Declaration No. ___________. WHEREAS, the VENDOR offered to sell and the VENDEE agreed to buy the above-described parcel of land and the improvements existing thereon, NOW, THEREFORE, for and in consideration of the sum of ________________________ (P___________) PESOS, Philippine Currency, receipt of which is hereby acknowledged from the VENDOR to the VENDEE’S full satisfaction, the VENDOR does hereby SELL, TRANSFER AND CONVEY, and by these presents SOLD, TRANSFERRED AND CONVEYED, absolutely and irrevocably, unto the VENDEE, his heirs, successors and assigns, the above-described parcel of land and all improvements existing thereon, free from any lien and encumbrance whatsoever, and in accordance with the following terms and conditions: 1. The VENDEE inspected the subject property and satisfied with its location and condition. 2. The VENDOR warrants title to said properties and will defend the same against any person. 3. The said property is not covered by the Land Reform law, rules and regulations, not tenenate and free from any occupant. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this ____ day of ______________, 2022 at _________________. (Sgd.) (Sgd.)  Vendor Vendee WITH MY MARITAL CONSENT: Vendor’s Spouse SIGNED IN THE PRESENCE OF: ________________ ________________ ACKNOWLEDGEMENT REPUBLIC OF THE PHILIPPINES) PROVINCE OF________________) S.S. CITY/MUNICIPALITY OF________) BEFORE ME, a Notary Public for and in ________________ on this ___th day of ____________2022, personally appeared: WITNESS MY HAND AND SEAL on the date and place above written. Signature Portion Of The Notary Public (FORM NO. 1) FORM NO. 3 - Deed Of Sale of Unregistered Land DEED OF ABSOLUTE SALE OF UNREGISTERED LAND KNOW ALL MEN BY THESE PRESENTS: This DEED OF ABSOLUTE SALE made and executed this ___th day of ___________ at _________________________ by and between:  ______________________________________, of legal age, married/single Filipino, with address at ______________ hereinafter referred to as the VENDOR; - a n d - ______________________________________, of legal age, married/singleFilipino, with address at ______________ hereinafter referred to as the VENDEE; 1. The VENDOR warrants title to the said parcel of land; that he has the right to convey the same and will defend its title against any claims of any and all third persons. 2. The VENDEE inspected the subject property and he is satisfied to its location and that there are no squatters and occupants therein;  3. The VENDOR shall cooperate and assist the VENDEE in having the subject lot registered under the Land Registration Act (Torrens system) and the expenses therefor shall be shouldered by the VENDEE. 4. Upon execution of this Agreement, possession of the said lot and all documents necessary to have the subject land registered under the aforesaid law shall be surrendered and submitted by the VENDOR to the VENDEE.  5. The realty taxes prior to the execution of this agreement shall be for the account of the VENDOR.  6. Any and all taxes due on this sale shall be for the account of the VENDEE.  FORM NO. 4 - Deed of Sale with Mortgage DEED OF SALE WITH MORTGAGE  KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE WITH MORTGAGE, made and executed this ___th day of ___________ at _________________________ by and between:  ______________________________________, of legal age, married/single Filipino, with address at ______________ hereinafter referred to as the VENDOR-MORGAGEE; - a n d - ______________________________________, of legal age, married/singleFilipino, with address at ______________ hereinafter referred to as the VENDEE-MORTGAGOR; W I T N E S S E T H: WHEREAS, the VENDOR is the absolute and registered owner of a parcel of land, situated at ________________________________, covered by Transfer Certificate of Title No. _______________ of the Register of Deeds of __________; containing an area of ___________________ (_____) square meters, more or less; and more particularly described as follows: The balance of the purchase price in the amount of _______________(Php______) PESOS shall be paid by the VENDEE-MORGAGOR in ________ (___) monthly installment of Php______________, commencing from ______________ up to ______________ until the entire balance is fully paid. The said monthly installment shall be covered by ________ (___) post-dated checks issued by the VENDEE-MORTGAGOR in favor of the VENDOR- MORTGAGEE, which shall be delivered at the time of the execution of this agreement. As security for the payment of the aforesaid balance of the purchase price, and for the fulfillment of the obligations of the VENDEE-MORTGAGOR that may arise under this agreement, a mortgage by way of first mortgage is hereby constituted on the above- described property in favor of the VENDOR- MORTGAGEE, his/her assigns, heirs and successors- in-interest. This mortgage is conditioned on the faithful compliance of the VENDEE-MORTGAGOR to pay the monthly installments on the due dates they fall due until full payment of the said balance of total purchase price. Upon compliance and full payment thereof, this mortgage shall be of no force and effect; otherwise, the same shall remain in full force and be foreclosed judicially or extra-judicially in accordance with Act 3135 at the option of the VENDOR-MORTGAGEE. WITH MY MARITAL CONSENT: (Spouse of Vendor-Mortgagee) SIGNED IN THE PRESENCE OF: ________________ ________________ ACKNOWLEDGEMENT ( Same as Form No. 2 above;)  FORM No.5- Deed of Sale with Assumption of Mortgage DEED OF SALE WITH ASSUMPTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: This DEED OF SALE WITH ASSUMPTION OF MORTGAGE made and executed this ___th day of ___________ at _________________________ by and between: ______________________________________, of legal age, married/single Filipino, with address at ______________ hereinafter referred to as the VENDOR; - a n d - ______________________________________, of legal age, married/singleFilipino, with address at ______________ hereinafter referred to as the VENDEE-; WHEREAS, the said parcel of land is presently mortgaged in favor of (name of mortgagee), by virtue of a Deed of Mortgage executed on __________ and acknowledged before Notary Public Atty. ________________, and entered in his Notarial Register as Doc. No.___; Page No.___; Book No. ____; Series of ______; copy of which is attached as Annex “A”.  NOW THEREFORE, for and in consideration of the total purchase price of __________________ (P___________), of which the amount of __________________(P____________), has been paid by the VENDEE to the VENDOR, upon execution of this agreement, the latter hereby SELLS, TRANSFERS AND CONVEYS unto the VENDEE- MORTGAGOR, his heirs, assigns and successor-in- interest, the above described parcel of land.  In addition to the consideration herein, the VENDEE agreed to assume all the rights and obligations of the VENDOR contained in the said Deed of Mortgage attached as Annex “A” as if the VENDEE is the Mortgagor therein. The Mortgagee was informed of this assumption and manifested his/its conformity with this Agreement as shown by his/its signature herein below. CONFORME: (Name and signature of Mortgagee) SIGNED IN THE PRESENCE OF: _____________ _____________ ACKNOWLEDGMENT FORM NO. 6 – Real Estate Mortgage – Simple form  DEED OF REAL ESTATE MORTGAGE  KNOW ALL MEN BY THESE PRESENTS: This MORTGAGE is made and executed this ___th day of ___________ at __________________ by and between:  ______________________________________, of legal age, married/single Filipino, with address at ______________ hereinafter referred to as the VENDOR; - a n d - ______________________________________, of legal age, married/singleFilipino, with address at ______________ hereinafter referred to as the VENDEE-; under the following terms and conditions. 1. All expenses, charges taxes and assesmentsin connection with this mortgage shall be shouldered by the MORTGAGOR. 2. Should the MORTGAGOR, his heirs, assigns, or administrators shall fully comply and settle the subject indebtedness and performed his obligations under the terms and conditions set forth herein, then this mortgage shall become null and void; otherwise, it shall be in full force and effect and enforceable in the manner provided by law. IN WITNESS WHEREOF, we have hereunto affixed our signatures on the date and place mentioned above. Mortgagor Mortgagee SIGNED IN THE PRESENCE OF: ___________________ _______________  ACKNOWLEDGMENT    Form No. 7 DEED OF EXTRA-JUDICIAL SETTLEMENT OF THE ESTATES OF THE DECEASED _________________________ WITH DONATION AND/OR WAIVER OF RIGHTS  KNOW ALL MEN BY THESE PRSENTS: This Deed of Extra-judicial Settlement with Donation and/or Waiver of Rights is made by and among: (name and personal circumstances of heir) WITNESSETH:  WHEREAS, the HEIRS are the surviving legitimate children and the only HEIRS of the deceased (name of deceased) who both died on _________________at_________________. Certified copies of the Death Certificate is attached as Annex “A”; WHEREAS, the deceased at the time of death was a resident of __________________; and left the following properties: (Enumerate and describe the properties, including bank deposits) WHEREAS to the HEIRS’ knowledge, their above-named deceased parents left no will, nor any debt or unpaid obligation whatsoever to whomsoever at the time of their death. ACCEPTANCE BY THE DONEES   I/We, (names of Heirs-Donees) do hereby accept the respective shares, rights and interests of my/our siblings (names of Heirs-Donors) on the estate of our deceased parents which they donated, waived and renounced for us and in our favor. I/We hereby express our heartfelt gratitude for their generosity in donating, renouncing and waiving their rights and interest thereon. NOW, THEREFORE, for and in consideration of all the foregoing premises and by virtue of the Donation and/or Waiver of Rights, the HEIRS hereby request that the entire estate of the deceased (names of deceased parents) be transferred and registered in the names of the HEIRS-DONEES (name of Heirs-Donees),  IN WITNESS WHEREOF, the HEIRS/PARTIES have hereunto set their hands this ___ th day of _______________ at ______________________  Heir-Donor Heir-Donor SIGNED IN THE PRESENCE OF: ___________________ _______________  ACKNOWLEDGMENT