My mother, my sister, and I received a summons regarding foreclosure of real estate mortgage with damages from my aunt (our dad'd sister). According to the summons,in 2005, our father entered into a real estate mortgage contract with the said aunt. The mortgage was payable in 3 years starting on the day when the contract commenced.The mortgage property referred to in the contract is the lot where our house was built on.
My father died in 2007 and we were unaware of the said contract until this summon. The lot he mortgaged, he bought back when he was still single and prior to his marriage with my mother in May of 1986. But all other improvements, the house, the boardinghouse, etc, were made during their marriage.
Now, my aunt and her heirs want to sell the whole thing (house and lot) so the standing debt would be paid up.
1) Is the mortgage contract binding even if my mother ( and us, the children who were still minors that time) was unaware of it and did not give her consent?
2) May habol pa po ba kami sa ganitong sitwasyon? May magagawa pa po ba kami sa ganito?
So looking forward to your advice.