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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a pending civil action for reconveyance and title to Lot 88, Plaintiff A sues Defendant B to recover ownership and title to the land. Before judgment, B sells Lot 88 to Third Person C for cash; the deed is executed and recorded. The action remains unresolved. Which statement best captures the controlling doctrine under NCC Art. 1491(5) and describes (i) the classification of the transfer from B to C, (ii) the remedies available to Plaintiff A or the court to protect A’s rights and the status of title, and (iii) the effect on the case while judgment is pending?

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The transfer to C is voidable at the option of A; A may rescind the sale; if A fails to act, C’s title becomes valid and the action proceeds against A to recover the land. The transfer to C is void; the court must appoint a receiver to preserve the property and protect the status of the litigation, with C’s rights staying subject to the outcome of the case. The transfer to C is void ab initio; C has no title against A; Plaintiff A may seek reconveyance and the court may cancel the deed and preserve the property for the action; until judgment, title remains in dispute and C’s registration is not binding against A. The transfer to C is void; however, if C files a notice of lis pendens, its rights become superior to A’s while the case is pending.

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