House for foreclosure

[edilat]

located sa Cainta...katabi ng Volley Golf and country club...in front of HONDA Rizal

[edilat]

^^^ Correction property ko is sa Pasay po yung Cainta ang gusto namin ma save

[andywesteast]

Can you text or PM me the Pasay address. Ill check how much we can sell your property. I PM'd you my cell number.

Get an attorney to delay the foreclosure immediately.

[Janine A Aviles]

bumili po kmi ng haws sa NHA 2011 may 2,may 1 yr n po,d po namin alam n ung 1st owner ay ibenenta ang rights taong 2005,ngaun 2mwg po kmi s opcna sb po ng national homes nghahabol po ung nakabili ng rights,sino po ba ang mas may karapatan kami na bumibili sa national homes na may pnghahawakan n certification galing s NHA o ang nkabili ng rights na pinanghahawakan ay deed of sale at SPA. 22o po ba na may habol ang nakabili ng rights?kse cnsv po nga atty namin n hnty p ulit ng 1 yr pra e redeem ng sucessor, un dw pong nkbili ng rights may habol kse un dw po ang lumalabs na sucessor?pero kmi po ang nka file s NHA,wla p nga po name nila dun s nha. hnhnty lng po na e registerd ang COS pra e reddem ng sucessor. pa help po ako mrming salamt po

[galant E SS]

edilat, did the bank filed a petition for extra-judicial foreclosure (EJF) of your mortgaged property before the office of the sheriff of the Regional Trial Court or before a notary public? Did they comply with the proceedings as required by law? How much was the interest rate of the mortgage? You better go to a lawyer to protect your rights and interests.

Under the law on EJF, the bank must first file a petition for EJF or Real Estate Mortgage before the Office of the Clerk of Court and Ex-Officio Sheriff of the Regional Trial Court (RTC). Then, the assigned sheriff will schedule the auction sale, after publication for 3 consecutive weeks in a newspaper of general circulation of the notice of sale. After that, the sheriff will issue a certificate of sale in favor of the highest bidder. Then, the highest bidder must register the cert. of sale in the office of the Register of Deeds. You still have one year to redeem your property from the date of the registration of the cert. of sale with interest of 12% per annum. After the lapse of the 1 year redemption period, the highest bidder must file a petition for issuance of writ of possession before the RTC, the bank or highest bidder cannot legally oust you without a writ of possession. They can also file a petition for issuance of writ of possession during the 1 year redemption period provided they post a bond to be approved by the Court.

[wowiesy]

edilat, did the bank filed a petition for extra-judicial foreclosure (EJF) of your mortgaged property before the office of the sheriff of the Regional Trial Court or before a notary public? Did they comply with the proceedings as required by law? How much was the interest rate of the mortgage? You better go to a lawyer to protect your rights and interests.

Under the law on EJF, the bank must first file a petition for EJF or Real Estate Mortgage before the Office of the Clerk of Court and Ex-Officio Sheriff of the Regional Trial Court (RTC). Then, the assigned sheriff will schedule the auction sale, after publication for 3 consecutive weeks in a newspaper of general circulation of the notice of sale. After that, the sheriff will issue a certificate of sale in favor of the highest bidder. Then, the highest bidder must register the cert. of sale in the office of the Register of Deeds. You still have one year to redeem your property from the date of the registration of the cert. of sale with interest of 12% per annum. After the lapse of the 1 year redemption period, the highest bidder must file a petition for issuance of writ of possession before the RTC, the bank or highest bidder cannot legally oust you without a writ of possession. They can also file a petition for issuance of writ of possession during the 1 year redemption period provided they post a bond to be approved by the Court.

On EJF, ay specific requirement po ba dapat sa contract? Like authorization to represent mortgagor sa public bidding? O basta provided for sa mortgage contract na ejf ok na? Im about to foreclose sana sa collateral ng customer namin na ayaw magbayd...

[galant E SS]

On EJF, ay specific requirement po ba dapat sa contract? Like authorization to represent mortgagor sa public bidding? O basta provided for sa mortgage contract na ejf ok na? Im about to foreclose sana sa collateral ng customer namin na ayaw magbayd...

it should be included in the real estate mortgage contract that the mortgagor is authorizing the mortgagee to foreclose the property in case of non-payment of loan pursuant to the provisions of Act No. 3135 and other existing laws, otherwise, the foreclosure proceedings might be declared null and void.

[wowiesy]

it should be included in the real estate mortgage contract that the mortgagor is authorizing the mortgagee to foreclose the property in case of non-payment of loan pursuant to the provisions of Act No. 3135 and other existing laws, otherwise, the foreclosure proceedings might be declared null and void.

so basta pursuant to RA 3135 okay na? no need to put the specifics ng RA3135 mismo? sorry po kung makulit.. but i got advice from a lawyer na kailangan daw eh.. just double checking...

[galant E SS]

so basta pursuant to RA 3135 okay na? no need to put the specifics ng RA3135 mismo? sorry po kung makulit.. but i got advice from a lawyer na kailangan daw eh.. just double checking...

ok lang bro. you must state this provision in your mortgage contract: "In case of extrajudicial foreclosure under Act 3135, as amended, the auction shall take place in the city or the province where any of the mortgaged property/ies is located. Effective upon the breach of any condition of this Mortgage, the MORTGAGEE is hereby appointed as attorney-in-fact of the MORTGAGOR, with full power of substitution and authority to perform such acts as may be necessary to dispose of the mortgaged property/ies in accordance with the provisions of Act No. 3135 as amended, and pending such disposition to perform all other acts of administration and management in the manner most advantageous to and for the best interest of the MORTGAGEE. This MORTGAGEE hereby reserves its right to bid at the appropriate public auction."

here's a sample form of a real estate mortgage: http://www.shfcph.com/download%20fil...20mortgage.pdf

[wowiesy]

ok lang bro. you must state this provision in your mortgage contract: "In case of extrajudicial foreclosure under Act 3135, as amended, the auction shall take place in the city or the province where any of the mortgaged property/ies is located. Effective upon the breach of any condition of this Mortgage, the MORTGAGEE is hereby appointed as attorney-in-fact of the MORTGAGOR, with full power of substitution and authority to perform such acts as may be necessary to dispose of the mortgaged property/ies in accordance with the provisions of Act No. 3135 as amended, and pending such disposition to perform all other acts of administration and management in the manner most advantageous to and for the best interest of the MORTGAGEE. This MORTGAGEE hereby reserves its right to bid at the appropriate public auction."

here's a sample form of a real estate mortgage: http://www.shfcph.com/download%20fil...20mortgage.pdf

sa chattel mortgage pwede din to? say.. ginawang collateral ang truck ?