Just want to seek advice and clarification on the real rights and options we have for this scenario that we are into.
In 1985, my father acquired our house under the housing loan facility of SSS. Since then up to now we are occupying the property.
We were not able to pay the amortization of the house because, when it was turned over to us there are a lot of defects and it is substandard. As part of the homeowners association, we were instructed not to pay in protest to the kind of houses given to us. The homeowners sued the developers until the developers declared dissolution and following that, there was no one already accountable. The case was dragged on for several years (if I am not mistaken 10 to 15 years).
The problem now is when we saw that there is really nothing we can get with the case, the interest on the amortization already piled up. Hence, finding it very difficult for us to pay now. We are supposed to pay around P300++ per month before, but now even if we pay P20k per month it won't even suffice for the interest (this is if we avail the amnesty program offered by SSS for delinquent account). This delinquent account are now being advertised by SSS as foreclosed properties and being sold without consultation with the first owner.
Now, here comes our neighbor who approach us that she will "make tubos" our house because according to her someone already bought it. Only to find out later that she was the only one who inquired and paid the initial reservation required for the assuming process. Now she is harassing us, threatening to bring the sheriff to kick us out of the house.
I would like to know what options do we have for SSS, can they legally sell the properties and if they do can they evict the owner who are still occupying the property? Do they have that power? Do they exercise it? Because I know PagIBIG does not. They pass it on the assumer the responsibility of evicting the owner or the one occupying the property.
As for our neighbor, can she really bring the sheriff in that instant without any court proceedings? We already had a face to face encounter in the Barangay but the barangay did not issue any certification to her favor and we never arrive at any resolution. Please enlighten me as to the process as well as our option in this case.
We already received 1 court hearings, unfortunately we only received on the day that it is to be held? So we were not able to prepare. We also doubt the legality of the document.
Looking forward to hear your thoughts and opinions on this case, particularly on the remaining options we have.