Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

please help. pwede po ba kami palayasin ng barangay sa foreclosed property ng nanay ko?

View previous topic View next topic Go down  Message [Page 1 of 1]

harveynichole


Arresto Menor
pinapalayas po kami ng barangay sa bahay ng nanay ko, naforeclosed po kc ang property na ito kaya cancelled na kasi hindi nagpunta at nakipag ugnayan ang nanay ko sa kanila, dahil hindi naman po kami mayaman sakto lng sa pagaaral namin ang gastusin. pinarenta po ng nanay ko ang bahay noon, pero ngyon kami na ang nakatira.. . dahil nakagraduate na po kmi maaari na naming bayaran ito tulong-tulong kaming magkakapatid, pero may nakabili na daw po dito, at binigyan na po cla ng notice to occupy/possess the reacuired property.. nagpunta kmi sa ahensya upang magtanong nabenta na dw po. baka wala daw kami nung nagbigay ng mga notices.. hindi na po ba namin pwede marepurchase ito? bakit ganun active member pa din po ang nanay ko sa ahensya, bakit di po cia nasulatan sa pinagtatrabahuhan? .... kahit hindi c nanay ang nakareceive ng mga notices, wala na po ba kami karapatan na mabili ulit ang property... hinaharass na po kc kami at binabato araw araw nung bagong nakabili... plese help po

View user profile

attyLLL


moderator
if the sale was canceled, there are requirements of notarized notices under the maceda law, plus an offer to return part of what you paid.

ask for the all the previous notices. unless it is proven otherwise, you can validly claim that there was no valid cancellation of the sales contract, and you have the right to resume payments.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

harveynichole


Arresto Menor
salamat po attyLLL... the manager of the agency keep on telling us na merong notices but she cannot give us a copy.. sabi nya wala daw po ang nanay ko sa bahay na iyon kaya hindi nya natatanggap ang mga notices...we are asking them if we cannot repurchase the property, but she cannot give us a direct answer of "yes" or "no"... she just said na kausapin namin ang nakabili kasi nakapagdown payment na sila at nag momonthly na daw po... pag naka sealed pa po ang mga envelope ng notices na bumalik sa kanila, pwede po ba namin mabawi ang bahay ng nanay ko? pano po kung hindi namin kilala ang nagrecieve nung mga notices... pwede po ba yun? na kapitbahay namin ang tumanggap? may pag asa pa kaya kami mabawi ang bahay?

View user profile

attyLLL


moderator
first, retain possession of the property. resist any attempt to remove you without a corresponding court order.

what i would recommend is that you now give a letter stating that the cancellation of the contract to sell was illegal because of the absence of the requirements of law, and offer to resume payment for the house. have proof that you gave then the letter.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

harveynichole


Arresto Menor
thank you po ulit.... we are now living on the said property, and have sent the letter to the manager and the president of the agency and save a recieved copy....we are waiting for the reply but still the buyer with the barangay tanod keep on harassing us.. they keep on showing us the "notice to occupy/posses the property" paper issued to them .... and shouting that it is already legal and binding... the barangay captain warn us, if we do not comply he will force us to do so by hook or by crook.... can we file a case to the manager/captain? feeling namin pinapatagal nung manager po kasi yung pagrelease nung mga notices, may time frame po ba na makakapagpatibay dun sa bago nakabili kung di agad kami makapagbayad, since wala pa naman po sila kasagutan?

View user profile

attyLLL


moderator
if they keep harassing you, you can file a complaint of unjust vexation.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

harveynichole


Arresto Menor
thank you for your help.....


p.s.
do attorney issue receipts? can i charge the new buyers our expenses in case we won the civil case?

View user profile

attyLLL


moderator
if a case is ever filed, include it as one of your prayers for damages.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

harveynichole


Arresto Menor
thank you sir, last question po, how would we know if the court order to vacate is legal and they are serving a true copy of court order? wala po bang hearing yun? they would just arrive in our house?

View user profile

attyLLL


moderator
you can verify from the court where it was supposedly issued.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum