"ENCUMBERED" question...

**markygy** · June 6th, 2014 05:19 PM

Originally Posted by MrQ5

magkano ba fee sa registry of deeds para sa cancel/release of mortgage?

Around 900 pesos more or less

**MrQ5** · June 6th, 2014 06:36 PM

kamahal naman pala, ty sir. balak na din paalis sa rehistro yung encumbered remarks.

**gutsy** · June 19th, 2014 01:59 PM

help mga tsikoteers. i swapped a vehicle to another vehicle and added some cash. cr and or given to me was only xeroxed together with license and deed of sale since the time of our transaction was also the registration month and i was told that the orig docs were already being processed for registration.i checked the unit with lto and it has no alarm and apprehension.. i believed and waited for the registration((my fault and serious lapse of judgement) . after 4 months of waiting and not getting any reply to my text messages. i already registered the car but when i was trying to have it trasferred to my name, i found out that the car was encumbered to another individual (not a bank/financing). i cannot locate the seller anymore after checking the adress in the license.question.1)what liability do i have to the person listed in the encumbrance.2) how can i get back with the seller 3)will i be forced to return the car legally despite the deed of sale from the seller? please help....hope this wont happen to others.

**dr. d** · June 19th, 2014 06:51 PM

Originally Posted by gutsy

help mga tsikoteers. i swapped a vehicle to another vehicle and added some cash. cr and or given to me was only xeroxed together with license and deed of sale since the time of our transaction was also the registration month and i was told that the orig docs were already being processed for registration.i checked the unit with lto and it has no alarm and apprehension.. i believed and waited for the registration((my fault and serious lapse of judgement) . after 4 months of waiting and not getting any reply to my text messages. i already registered the car but when i was trying to have it trasferred to my name, i found out that the car was encumbered to another individual (not a bank/financing). i cannot locate the seller anymore after checking the adress in the license.question.1)what liability do i have to the person listed in the encumbrance.2) how can i get back with the seller 3)will i be forced to return the car legally despite the deed of sale from the seller? please help....hope this wont happen to others.

the legal owner of the car is the one whose name is on the OR / CR.
whose name is on your xerox documents? is it the one who sold you the car? if so...
what you can do, is to talk to the other guy holding the encumbrance, and see what deal you can get from him so's the car can be released from encumbrance. there's paperwork involved here, but you appear to have no choice.
as to the CR, you should get the legal owner to make an affidavit that he could not find the original CR anymore. if you can not find him, you may not be able to transfer ownership to your name.
if all goes well, you will get the car cleared via chpg, and LTO will generate you a new CR to your name.
if any one of the above is not met, you're in trouble.

what some do, in similar trouble as you, is to simply use the car, renewing registration year after year using the other guy's name. you may not transfer ownership of the car to your name, but at least, you get to use it.

btw, ##%+??!!$$***!!!!

good luck.