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Husband mortgages wife's property without her consent. Please help

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lesapphirey


Arresto Menor
May lot property po na nakapangalan sa tita ko. Married na sila ng husband niya when she bought the lot, pero sa title, kay tita po nakapangalan. A few months ago, her husband loaned money po from a coop in their city, and had the land title as mortgage/guarantee without my tita's permission. Now, malapit na po due date nung loan and the balance is still 30k. My tita is worried po na baka iforeclose ang property niya kapag hindi nakabayad ang husband niya. They always have fights about it. I told my tita baka voidable ang pagmortgage ng lot niya because hindi naman nakapangalan sa tito ko yung land. But then again, I am not so sure.

Pwede po ba yung ginawa ng tito ko, na ni-mortgage niya kahit hindi naman nakapangalan sa kanya yung property? Possible din po ba na iforeclose when he fails to pay? Ano po possible remedies ng tita ko who is the real owner of the lot?

By the way, on that same lot nakatayo yung bahay nila so in the event na ma foreclose, wala na silang ibang lugar na matitirhan.

Sana po matulungan niyo ako. She's been through a lot of stress because of this.

Thank you po and more power!

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