I have a house and lot mortgaged with GSIS, an agreement to sell with a buyer on 6 month term (June 2010 to December 2010) good as cash. She has paid only a portion (almost 50% of the agreed amount) to date. She had asked for two years and half extension. (May 2011 to June 2013) and force us to vacate the property for reason that they already made a downpayment.
GSIS balance was out of our agreement, I will be the one to pay the balance with GSIS, but she had made me signed absolute deed of sale with assumption to obligation with an amount lesser than the actual agreement and SPA (but I already issued revocation on SPA).
There still a balance with the GSIS to date, for a win-win solution, we verbally agreed to sell the property and refund her of her downpayment LESS the rental fees (can I charge rental fee for more than 2 years that they occupied the property?) We prepared the agreement in writing but she would not sign it.
But now she is claiming the property and will just pay the balance with GSIS whenever she wants. I want to file for eviction. Do I have the legal right to do it? What is the procedure?
I'm not a wealthy person and the house was my only other income apart from my current work salary.
How about my rights as the owner? Can i cancel our agreement, especially that the contract was a fraud? Can I proceed to sell my property again? Her family is still living there. Will I be able to get them evicted?
I really need to know some answers as time is of the essence and I'm losing a lot from this as each day goes by.