REMEDY Motion to Set Aside Defa !t O"de" Motion fo" Ne# T"ia!

REQUISITES Must be made under oath (most important formal requirement) Affidavit of Merit: sworn of statement showing good grounds to support the motion as well as substance of the defense

GROUNDS Fraud, Accident, Mistake, E cusable negligence (FAME) FAME E$t"insi% f"a d& must allege that the applicant deprived such person from participating in the proceedings FAME

WHEN REMEDY CAN BE AVAILED OF After notice of default but before finalit! of "udgment An! time before notice of "udgment but before finalit! of "udgment (which is actuall! $% da!s from notice of "udgment) &ithin '( da!s from notice of "udgment but not more than ' months after entr! of "udgment -ne !ear from and after the issuance of decree of registration

NOTES #an be filed b! a person declared in default

'etition fo" Re!ief f"o( ) d*(ent 'etition to Re+ie# o" Re+ise De%"ee

Actual or e trinsic fraud Fatal infirmit! (e)g) *M+ issues patent over private propert!) ,recludes !ou from invoking an! other ground

A%tion Re%on+e,an%e

fo"

.mplied or constructive trusts E press trust

Ann !(ent ) d*(ent

of

E trinsic fraud *ack of "urisdiction

.mplied trust o Fraud: / !ears o -ther grounds: $( !ears o ,rescription begins to run from the issuance of the certificate of title E press trust o 0eneral rule: imprescriptible o .f repudiated: $( !ears 1suall! from entr! of "udgment

Must be filed as a mere motion in the same land registration proceedings #annot be filed as a separate case .n the mean time, there should be no innocent purchaser for value (includes other encumbrancers for value) ,ra!s that the court order that the land be reconve!ed from the name of the wrongful registrant to the name of the rightful owner (return)

Ma! overlap periods covered b! other remedies .f based on lack of "urisdiction: can be barred b! laches or estoppel

A%tion fo" Da(a*es

Filed against o ,erpetrators or persons responsible for the fraud o Assurance bond .nstituted originall! in ,2 $%34, that requires !ou to pa! a certain amount whenever !ou enter transactions on the land5 acts as a premium on the land should !ou suffer fraud or deprivation of land as a result of bringing of that land under the operation of 6orrens s!stem5 damages suffered b! the misfeasance, nonfeasance, non7malfeasance on the part of the register of deeds5 no negligence on the aggrieved part! 0enerall!: ' !ears from the time the cause of action accrues .n case of disabilit! or minorit!: 3 !ears from removal of disabilit! even if ' !ears has alread! e pired .f !ou fail to compl! with the formal requisites, the motions of the person aggrieved will be dismissed Land Titles 2010 Dianna Louise Romey Wilwayco 2A 2013

.f the remed! sought is dismissed on the merits, it will preclude the person aggrieved from pursuing other remedies

Land Titles 2010 Dianna Louise Romey Wilwayco 2A 2013