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CAN I FILE ESTAFA?

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1 CAN I FILE ESTAFA? on Sat Feb 23, 2013 4:06 am

Aduana


Arresto Menor
Hi Atty. Good day to you. my story goes like this...

I am in abroad and was already scheduled to take a vacation on our homeland when my ex GF made a contact and told me that their house and lot is already in a delinquent status and she want to sell her rights on the property as her last option to which i showed interest.

We agreed and took the option of Sale of Mortgage Rights 3 and under this option I have to pay a Litigation Fee amounting to PHP 52k in order for me to be the sole buyer of the property on the course of the auction and property cost of 440k which I must pay in full on the date of said auction. My Ex Gf paid the 52k in full at first then after a month, I sent the money and paid her in full as well. She also ask if I can lend her 160k to which i comply which she promised to pay in full on Dec.2011. However, I carefully warned her to keep her promise as this money is a part of the money i will use to be able to pay the property in full.

Dec. 2011 comes. A week after I arrived I immediately ask for my Official receipt for the 52k as payment for the Litigation Fees but she always forgot to bring or have an excuse for it,I was already back here abroad when she sent me a printed Acknowledge Receipt (because I kept on asking for it) and notice the name of the Payor is not written on it but signed by the receiver. Attached also are printed documents. And as for her loan at me, she only managed to pay me back 100k, short of 60k which is also a reason I came up short and failed to buy the said property. Since I dont have at hand the full amount of 440k for the property cost I decided not to attend the hearing (if there is any) which is supposedly scheduled on Dec. 28,2011. Now, Im already back here abroad and still asking for my Official receipt as i am really doubtful to originality of the Acknowledgment receipt she presented and gave to me.

Atty.,If my Ex Gf failed to produced the Official receipt and because I am here abroad,May i ask for your legal advice on what action i should take against her.


Thank you very much.

Aduana

Btw, I sent all the money thru BPI remittance directly to her BPI account and I kept all the receipts with me.

Aside from the suspicious Acknowledge receipt, She also sent me..

1.) A printed copy of her payments for the property. I assumed it was printed from/by the National Home Mortgage Finance Corp.

2.) A final demand letter from National Home Mortgage Finance Corp. Here it says her last payment made was on Aug.19, 2006 which put her property/account in a HIGHLY DELINQUENT STATUS and instructing her to settle immediately upon receipt of the letter to avoid foreclosure. Unfortunately, this final demand has no date to know when it was written and or sent.

3.)A letter of intent to sell by the original borrower of the account. Signed by original borrower and my Ex Gf as the buyer dated Oct. 30,1998. Unfortunately for me, I assumed that my Ex Gf was the original owner or borrower of this account.

I do not know how to described our conversation with regards to the property but i must admit in the midst of this transaction, We were also into the peek of getting back together again and to be made final only if her annulment to her Ex husband is finally granted. As of now, We are not in good terms anymore. however, she manage to pay the remaining 60k on a installment basis.

Only when she kept the receipt from me that i started to suspect anomaly on the transaction for the property and it grew more when I got hold of the documents and learned from these that her last payment made was of Aug. 2006. hence, A final demand letter by the National Home Mortgage Finance Corporation. Questions begin to linger on me like, After 5 yrs. from her last payment, Does she still have the right to sell the property? Why No Official receipt for my payment of Litigation fee's. Is the Acknowledge receipt is only self produced?

Sir, Do i have a case against my Ex Gf? Can i file it even if I am here abroad?

Thank you very much,

Aduana

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