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Court clearance for housing loan

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1 Court clearance for housing loan on Thu Jan 10, 2013 10:41 pm

orangesmoke


Arresto Menor
Hi, I'm not really sure if I should put this thread here, admins please help to move this thread if necessary. Anyway, here's my situation.

I applied for a housing loan to help me and my mother pay off the remaining balance of the condo unit we purchased. The only problem I currently have is that the bank found out that I have gotten into a lawsuit. I'm the defendant. So now the bank is asking for a court clearance to prove that the case has been dismissed.

And so I asked the lawyer who helped me with the case on the process of getting a court clearance. Basically the lawyer told me to go to the court where the case was filed. And so I went. After going to the court, I then asked for a court clearance. They searched for the documents regarding my case and unfortunately, the case has not been dismissed, and so I cannot get a court clearance.

What I recall from the clerk was that I need to get a letter of satisfaction or notice of dismissal to be filed for my case. I asked then where to get it, and the clerk said that the document has to be filed by the plaintiff.

Now, I've asked the plaintiff respectfully to submit the letter of satisfaction or notice of dismissal. But then, they refused to help me and said that I should sort it out. I wanted to say, that's what I'm trying to do right now. Sort it out.

The lawsuit I got is a breach of contract with my previous employer, and this has been settled. I have a copy of the compromise agreement(although I have to look for this document again) and the decision(soft copy). I have a quit claim, but it tells me that the company does not have any further liability on my end.

So now, I'm not sure how else I can get a court clearance, since plaintiff doesn't want to cooperate with my request. However I'm thinking of going back to the court to double check if these documents have been indeed filed after the settlement.

Appreciate your advice.

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2 Re: Court clearance for housing loan on Fri Jan 11, 2013 12:05 am

adel.villafuerte


Arresto Mayor
NOTICE OF DISMISSAL is a voluntary act of the Plaintiff informing the court for the withdrawal of the case. If such attempt of sending notice of dismissal fails to deliver to the court and the case calendar found to have been neglected with technicality by way of Plaintiff's non-attendances and/or non-appearances in court, the counsel of the defendant may file a motion praying for the dismissal of the case for lack of interest.

Secondly, a person accused either criminally or civilly is to be presumed innocent unless proven guilty of an ALLEGED act or omission committed. In the other hand, mere action pending in court should not affect moral decency of the accused or defendant.



Last edited by adel.villafuerte on Fri Jan 11, 2013 4:10 pm; edited 1 time in total

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3 Re: Court clearance for housing loan on Fri Jan 11, 2013 12:38 am

orangesmoke


Arresto Menor
Thanks for your response sir adel.villafuerte. I would like to know how I can move forward with filing a motion praying for the dismissal of the case for lack of interest. Also usually, how long is the case calendar? The case has been decided/settled last year, February of 2012. Also, how long does it take for the motion be granted?

With your second statement, does this mean I don't even need to show the bank that the case has been dismissed since we can presume that the defendant(or me) is innocent unless decided by the court that the defendant is guilty?

I realized this practice of banks is to protect them from people who might be incapable of paying their debt/s.

Thanks again for your response. Appreciate it, now I know I can still do something to clear my name.

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4 Re: Court clearance for housing loan on Fri Jan 11, 2013 4:24 pm

adel.villafuerte


Arresto Mayor
If the case is on going and you have a counsel, try to tell him to file a MOTION FOR DISMISSAL of the case if in the eyes of law there is a technicality in the part of the plaintiff.

If the case is dormant but undecided and you have no counsel to file motion, secure an assistance from PAO lawyer instead of hiring private lawyer which is expensive. A person whose income is below Php 14k per month is entitled to avail PuBLIC aTTORNEY services or PAO.

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5 Re: Court clearance for housing loan on Fri Jan 11, 2013 10:07 pm

orangesmoke


Arresto Menor
Maraming salamat pong muli sir adel.villafuerte

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