" x x xNotice of Lis Pendens may only be annotated on existing or uncancelled certificate of title which are registered in the names of those who are impleaded in the pending case. If it is desired to have the Notice annotated, it must appear that the present registered owners are impleaded in the pending case. (LRC Consulta No. 1140) (see also LRC Consulta Nos. 464, 562, 643, 713, 899, 764, 1793)
Showing posts with label cancelled title. Show all posts
Showing posts with label cancelled title. Show all posts
Thursday, February 24, 2011
Cancelled certificates of title
It is an established rule that registration cannot be accomplished on a cancelled title (Consulta Nos. 460, 465, 496, 643, 713, 1143 and 744). It has been ruled that where the certificate of title subject of an instrument sought to be registered has already been cancelled and replaced by new ones, recording of the instrument can no longer be accomplished because registration to be effective should be made on the subsisting certificate of title.(LRA Consulta No. 3286 dated October 18, 2002).
It has been consistently ruled by this Authority that liens or memoranda of whatever nature affecting registered land may only be annotated on existing or uncancelled titles for the reason that a cancelled title may be considered ad a 'dead title" or which has been rendered nugatory with no force and effect whatsoever, by virtue of its cancellation. (LRC Consulta No. 1162)
It has been consistently ruled by this Authority that liens or memoranda of whatever nature affecting registered land may only be annotated on existing or uncancelled titles for the reason that a cancelled title may be considered ad a 'dead title" or which has been rendered nugatory with no force and effect whatsoever, by virtue of its cancellation. (LRC Consulta No. 1162)
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