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Ejectment case turned into collection of sum of money

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Arresto Menor
My father bought a piece of land from a person and their agreement was for my father to pay in monthly installment, 0% for 6 years. When we have paid about 60% of the amount, my dad started to default on payments because he was experiencing some problems with our business. The vendor filed an ejectment case against my dad. But, it was negotiated in court that we will apply for a Pag-ibig loan to pay off our debt to the vendor.

We applied for the Pag-ibig loan and it was approved and the loan was granted. In short, we were able to pay the vendor the full amount we owe them.

Since we have already made some prior payments, and the Pag-ibig loan was for the full amount on the contract to sell, the check that was issued to the vendor was more than what we originally owe them. Our agreement was that they return to us the excess payment.

The problem is, once the vendor has received the check payment, they started to charge us fees that is not stipulated in the contract to sell. Instead of charging only 30T in attorney's fees, they charged us 150T. Further, they charged us a 70T facilitation fee which is not mentioned anywhere in the contract. They are only offering to return to us 210T when the amount that should be returned is 390T.

The case is still in court and we have made their overcharging known to the judge trying our case. We were asked by the judge to file our position papers by April 27.

Now, the vendor is telling us that they have decided to take back the property and to rescind or void the Deed of Absolute sale. Can they do this? The deed of absolute sale has already been executed. We have paid the capital gains and transfer taxes to BIR, the TCT has been transferred to my father's name and the title has already been annotated by the registry of deeds in favor of Pag-ibig. Plus, the vendor has been paid in full, as evidenced by the Pag-ibig check issued to them and they have cashed this in the bank. In fact, we have over paid them. We have also already started paying our monthly amortizations to Pag-ibig since Feb 2012.

Is it still possible for them to rescind the deed of absolute sale? How can we collect on the overpayment that we have made to the vendor?

Please help as I am very confused and concerned about this matter.

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sorry, it seems you already have a lawyer handling this, and he would know better how to answer your question. has he been negligent in handling the case? if not, trust in his judgment

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