Surrender Of Certificate In Involuntary Dealings

Section 71. Surrender of certificate in involuntary dealings. If an attachment or other lien in the nature of involuntary dealing in registered land is registered, and the duplicate certificate is not presented at the time of registration, the Register of Deeds shall, within thirty-six hours thereafter, send notice by mail to the registered owner, stating that such paper has been registered, and requesting him to send or produce his duplicate certificate so that a memorandum of the attachment or other lien may be made thereon. If the owner neglects or refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the court, and it shall, after notice, enter an order to the owner, to produce his certificate at a time and place named therein, and may
enforce the order by suitable process.

COURT MAY COMPEL SURRENDER OF CERTIFICATE OF TITLE AS AN INCIDENT IN THE MAIN CASE

> RD is authorized to require the registered owner to produce the owner’s duplicate certificate in order that an attachment or other lien in the nature of involuntary dealing, may be annotated thereon

> If the owner refuses or neglects to comply within reasonable time, he shall report such fact to the proper RTC which shall, after notice, direct the owner to produce his certificate at a time and place specified in its order

MORTGAGE LIEN FOLLOWS MORTGAGED PROPERTY

> Any lien annotated on the previous certificates of title which subsists should be incorporated in or carried over to the new transfer certificate of title. This is true even in the case of a real estate mortgage because pursuant to Article 2126 of the Civil Code, the mortgage directly and immediately subjects the property whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted

> It is inseparable from the property mortgaged as it is a right in rem—a lien on the property whoever its owner may be.