Re-issuance of Unrecovered CTC

We have an aunt who resides in the US who borrowed money from a friend (Filipino also and lives in the US) with the Certificate of Title of her property in the Philippines as collateral. No markings/attachments were done on the CTC. They just agreed that once the loan is fully settled, her friend will return to her the CTC. She was able to pay her loan (in installments) but short of around $400. Then she learned that her friend left and moved to another state in the US without him notifying her. Can she request a re-issuance of the CTC from the Register of Deeds given that the friend ran away with her CTC. She heard that said friend is trying to sell the property to a buyer from the Philippines.

perhaps you mean TCT. CTC is community tax certificate, tct is transfer certificate of title.

immediately put up signs on the property that it is owned by your aunt to warn any prospective buyers that it is owned by someone else. she can also have the copy of the certificate in the Register of Deeds annotated with a notice to the effect that there is an existing loan and the title is with the creditor.

i do not recommend that she tries to get a re-issuance of her title with allegation of its loss when she knows that the title is with someone else, she will be perjuring herself.

the proper complaint is an action to compel the holder of the title to accept her payment for the loan and to return her title. she can consign the payment to the court, and with his failure to return it, she can then request the court for the issuance of a new title.

Thank you very much for the advice. Just an update on this, this week we found out that the title has been transfered to the name of said person. This was after payment for the real estate taxes was about to be made for said property. The one making the payment for my Aunt was informed that the property is already under the name of a new owner and payment for the taxes has been made. May we know what steps our Aunt should take? Should we still put up the sign saying that the property is owned by my aunt.

did your aunt sign and hand over a blank deed of sale?

you should go to the registry of deeds and research how the property was transferred from your aunt. it may be that her signature was falsified.