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sangla

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1 sangla on Thu Aug 19, 2010 11:32 am

legally_pinay


Arresto Menor
Hello po! Requesting advice tungkol sa isinanglang lupa ng brother and sister in law. 2 Lots was owned as a "declaration" by my father in law. The borrowers claim that they are gradually paying the debt(has been 8yrs cycle. It was a cycle to them to borrow again the money they paid for... in other words, hindi po natutubos yung declaration na 2 lupa. Until my brother in law died (seaman). He received lumpsum amount of P3M from insurance. We were hoping Sister in law will pay for the debt, because the family properties were at stake. and we trust her. Until time came, we knew that she owed huge amounts to other lenders too. She left the family and the house. She opened up a business (as she claims) and rents house fo 6000. She paid other lenders amount totaling to 1.5M. And the rest, we do not know where it went. She claims, has only 200,000left. Stil she disregards her payments pertaining to family properties, has ben 8yrs and yet did not prioritize closing the debt. Father lend her these declarations (not titles yet)about 8ys ago, until now was not given back. Wala pong pinirmahan ang tatay na katunayan sa pagkakasangla ng lupa nya. Yung 1 lupa, nakatirik yung bahay ng borrower, and the rest belongs to 3 other siblings. Verbal po na sinabi ng tatay na pamana ito sa mga anak, ngunit hanggang ngayon, ang lupa ay hindi pa nahahati so it is counted as 1 property. Nagverbal po yung borower na balak nya ibenta na yung share nya (with no written proof/documanetation na kanyang pagaari yung share nya). Hiling lang po ng family na tubusin nya yung 2 properties kc mawawalan ng tirahan ang occupants ng properties na ito. Seems like hindi sya willing magbayad or tumubos. Maari po ba siyang sampahan ng kaso or ilapit sa korte? What is the legal way to handle this?Please advise us.

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2 sangla.. continuation on Thu Aug 19, 2010 11:40 am

legally_pinay


Arresto Menor
baka po kasi ma remata yung lupa... mawawalan ng tirahan ang mga taong walang kinalaman sa problemang ito...

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3 Re: sangla on Thu Aug 19, 2010 12:01 pm

zulfikarl


lawyer
I suggest that you immediately hire a lawyer and take her to court and compel her to pay the debt in order to save the property. I think this is a matter of extreme urgency because the land is untitled and is presently being occupied by another. A mere tax declaration is not a strong evidence of ownership unlike a Transfer Certificate of Title. When what you have is a mere tax declaration, you have to be in possession of the property to constitute strong evidence of ownership. Otherwise, others can claim ownership over said property by taking possession of it.

After, the lapse of certain period of time, you can no longer take it back because they are deemed, in law, to have already acquired it through prescription.

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4 Re: sangla on Fri Aug 20, 2010 12:47 pm

legally_pinay


Arresto Menor
In connection to sangla case po... maari po bang kasuhan ng estafa ang borrower? kc po negligence of payments since 2007 ang ginawa nya, without the knowledge of my elderly father in law.Risk of repossessing the property without the knowledge of the owner. ***we are trying to build a case against her, so that she will pay attention to this problem.

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5 Re: sangla on Sat Aug 21, 2010 8:07 am

attyLLL


moderator
i do not believe a case for estafa will prosper. you will have to show there was malice from the beginning when she contracted the loan. how much is her balance for her debt?

in whose name are the properties? what document was executed to have these as collateral? you mention declaration, as in tax declaration? there is no title? is the mortgage inscribed on the tax dec?


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6 sangla on Sat Aug 21, 2010 8:54 am

legally_pinay


Arresto Menor
i do not believe a case for estafa will prosper. you will have to show there was malice from the beginning when she contracted the loan. how much is her balance for her debt? The orignal amount of debt way back approximately 8 yrs ago was 100,000, when it was recomputed at 2010, running 600,000+ po.

in whose name are the properties? MY FATHER IN LAW. what document was executed to have these as collateral? you mention declaration, as in tax declaration?YES PO, TAX DECLARATION. there is no title? NO TITLE PO, BECAUSE THEY COULD'T AFFORD FINANCIALLY TO HAVE IT CHANGED. is the mortgage inscribed on the tax dec? I AM NOT SURE ABOUT THAT PO KC I HAVE NOT PERSONALLY SEEN THE DOCUMENT.

I AM TRYING TO HELP THEM SAVE THE PROPERTY BECAUSE IT IS ALL THAT THEY HAVE. WE WANTED IT DONE IN LEGAL PROCESS BECAUSE MY FATHER IN LAW AND MY HUSBANDS SIBLINGS ARE NOT WELL AWARE OF LEGL MATTERS AND NEITHER AM I.


AND BECAUSE KAMAG-ANAK, AND TRUST, WE HAV NOT FORESEEN ALL THESE THINGS WILL OCCUR UNTIL MY BROTHER IN LAW (DIED), AND JUST RECENTLY WE FOUND OUT THAT THE LOAN WAS NEGLECTED SINCE 2007.

IF THERE IS ONLY A WAY TO SAVE IT SO THE REST OF THE FAMILY WILL NOT BE LEFT HOMELESS. WE ARE LOOKING INTO FILING A COMPLAINT TO COMPEL HER TO PAY. SHE HAD BEEN NEGLECTING PHONE CALLS, TEXTS, AND DECLINES ANY ATTEMPTS OF COMMUNICATION.

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7 Re: sangla Today at 2:51 pm

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