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Pawn Car and They Sold It with one signature and forged the 2nd signature

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RippedOff


Arresto Menor
need advice please. Pawned my car in Tay Tay, the ORCR has two signatures and it's a AND an not a OR they managed to sell the car, not sure the name of the ATTY of the Loan Company, but they were able to selll the car using my signature only and they forged my wifes signature. What to do in this case? They have original ORCR and Registration. They sold it without my wife's concent and signature. Thanks everyone.

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Lunkan


Reclusion Perpetua
Sorry I missunderstood, so I eraze it



Last edited by Lunkan on Tue Jul 12, 2016 9:11 pm; edited 1 time in total

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3 1 More Question Po on Tue Jul 12, 2016 8:44 pm

RippedOff


Arresto Menor
However, the reason why we pawned our car is to help my Boss President of a Foundation, he needed 300K to cover a check before it bounced. So me and my better half decided to help him by pawning our fortuner, we suggested that and he said yes and he's willing to pay us back in 1 week to cover the interests and pay the loan amount within a week. His Partner Director of the company assisted me, by driving me to the financer along with a co-worker and we're all there, me signing papers etc; not knowing anything, no written agreement no receipt of money received, after pawning the car around 2pm on the same day around 5pm I handed him the cash 317K in return of good faith and trusting him, he gave me a land title worth 2.4M and a check made out to cash for 300K as collateral just to hold, and if anything happened to the fortuner we can in cash the check. Now after weeks has passed the financer has been trying to contact his partner regarding the payment for the 1st month. Nothing, he as unable to answer any of the calls nor he didn't text back or even advised us that the Fortuner will be up for sale if the monthly payment of 34K is paid. Nor the President of the Co. and the Director responded to the financer leading the Fortuner being sold. Basically we're screwed. I trusted them 100% by good faith in helping him. All he does is updates us with text every week regarding he will pay. It's been 10 months now and my question is: Can I file a Estaffa case to the President and the Director? Being that the Director is the middle man between me and the President. The fortuner is valued at 790K and the loan is about 317K 2nd question can I file a estaffa case to the Director and the President of the Company since their both involved. Thanks ATTY

Lunkan wrote:Why do you ask? It's THEIR problem, because they have done wrong.
Or do you ask because your wife is angry at you?   Smile

Your wife can sue them if she want to,
BUT no point doing it, IF your family will not get any more anyway, which I suppouse it is.
If you haven't paid the monthly payments in time, the loan company have right to foreclose the car after a while and sell it anyway.

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Lunkan


Reclusion Perpetua
???
"they were able to selll the car using my signature only and they forged my wifes signature"
"advised us that the Fortuner will be up for sale if the monthly payment of 34K is paid."
These two don'r suit together, if you don't mean the second happened first. Did it?
The first WOULD be a crime IF it happen with forged signature,
but according to your second post it WILL be sold if the loan isn't paid. Of course it will. You signed documents when you pawned it, which give them RIGHT to sell it if the loan isn't paid.

"he gave me a land title worth 2.4M and a check made out to cash for 300K "
"Basically we're screwed. I trusted them 100% by good faith in helping him. All he does is updates us with text every week regarding he will pay. It's been 10 months now and my question is: Can I file a Estaffa case to the President and the Director?"
Well. It's a kind of fraudelent behavior to lie like that, but if that would give jail time the jails would be busted Wink
What did he sign, when you gave the loan?
Has he signed a loan document with the land as collateral? If so, I would FORECLOSE that property. Then you can get your money that way. At least the 317k is an easy wonn case (if the documents are corect) Some harder to get the loss at the Fortuner, but of course you claim that difference between the value and 317k too. Ask interest too. I don't know if it's allowed to get anything for the inconvinience in the Philippines.

A fraud case is much harder to winn. it's much harder to prove. By this he can end up in jail, but foreclosure process give you your money back.

If no one give a high bid when the foreclosed property is sold, then you can get it cheap and get a 2.4 mill property for a couple of houndred k, which you pay mainly to yourself Smile
But note the old owner can buy it back within a year from it's sold.

Perhaps worth checking if that 1 year buy back law goes for your car too. I don't know if it's only for real estate.

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5 Response on Wed Jul 13, 2016 12:35 pm

RippedOff


Arresto Menor
we only received a landtitle not under his name someone elses name plus the check is Paid To Cash for 300K which was expired March of 2016 . he kept on sending us TEXTS regarding the check not to cash it and wait and wait there's no money in the band per said.  We didn't sign anything nor he did.... we're basically new to this deal so everything was verbal and fast talk and pawing the car right away because he didn't want to bounce his check. Basically we saved his AXX so his check wouldn't bounce and this is what we get .... A landtitle under a lady's name, and a Paper Check worthless now.

Lunkan wrote:???  
"they were able to selll the car using my signature only and they forged my wifes signature"
"advised us that the Fortuner will be up for sale if the monthly payment of 34K is paid."
These two don'r suit together, if you don't mean the second happened first. Did it?
The first WOULD be a crime IF it happen with forged signature,
but according to your second post it WILL be sold if the loan isn't paid. Of course it will. You signed documents when you pawned it, which give them RIGHT to sell it if the loan isn't paid.

"he gave me a land title worth 2.4M and a check made out to cash for 300K "
"Basically we're screwed. I trusted them 100% by good faith in helping him. All he does is updates us with text every week regarding he will pay. It's been 10 months now and my question is: Can I file a Estaffa case to the President and the Director?"
Well. It's a kind of fraudelent behavior to lie like that, but if that would give jail time the jails would be busted   Wink
What did he sign, when you gave the loan?
Has he signed a loan document with the land as collateral? If so, I would FORECLOSE that property. Then you can get your money that way. At least the 317k is an easy wonn case (if the documents are corect) Some harder to get the loss at the Fortuner, but of course you claim that difference between the value and 317k too. Ask interest too. I don't know if it's allowed to get anything for the inconvinience in the Philippines.

A fraud case is much harder to winn. it's much harder to prove. By this he can end up in jail, but foreclosure process give you your money back.

If no one give a high bid when the foreclosed property is sold, then you can get it cheap and get a 2.4 mill property for a couple of houndred k, which you pay mainly to yourself  Smile    
But note the old owner can buy it back within a year from it's sold.

Perhaps worth checking if that 1 year buy back law goes for your car too. I don't know if it's only for real estate.

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Lunkan


Reclusion Perpetua
RippedOff wrote:we only received a landtitle not under his name someone elses name plus the check is Paid To Cash for 300K which was expired March of 2016 . he kept on sending us TEXTS regarding the check not to cash it and wait and wait there's no money in the band per said.  We didn't sign anything nor he did.... we're basically new to this deal so everything was verbal and fast talk and pawing the car right away because he didn't want to bounce his check. Basically we saved his AXX so his check wouldn't bounce and this is what we get .... A landtitle under a lady's name, and a Paper Check worthless now.
I suppouse you signed something at the pawn shop.

Oh he didn't sign anything and the title was in someone else's name. Then it isn't as easy as a Foreclosure procedure.
1. In the Philippines it isn't a crime to predate checks (as it is in many countries) but it's a crime to not have money at it acount at the written date.
TELL him you will file a case concerning that if you don't get pay before the X dare. (For instance 2 weeks ahead so he get chance to find money.) If he don't pay, then you go to court.

2. PERHAPS worth checking the property. Perhaps he is owner but haven't transfered the title to his name. IF so there is some chance you can get it, but it's much harder than a Foreclosure procedure because it need the extra step to proove it's his.

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RippedOff


Arresto Menor
Thank you for your response sirs. We have decided to send both of them a Demand of Payment if no response after the 3rd attempt we will file a criminal case estuffa. Thank you


Lunkan wrote:
RippedOff wrote:we only received a landtitle not under his name someone elses name plus the check is Paid To Cash for 300K which was expired March of 2016 . he kept on sending us TEXTS regarding the check not to cash it and wait and wait there's no money in the band per said.  We didn't sign anything nor he did.... we're basically new to this deal so everything was verbal and fast talk and pawing the car right away because he didn't want to bounce his check. Basically we saved his AXX so his check wouldn't bounce and this is what we get .... A landtitle under a lady's name, and a Paper Check worthless now.  
 I suppouse you signed something at the pawn shop.

Oh he didn't sign anything and the title was in someone else's name. Then it isn't as easy as a Foreclosure procedure.
1. In the Philippines it isn't a crime to predate checks (as it is in many countries) but it's a crime to not have money at it acount at the written date.
TELL him you will file a case concerning that if you don't get pay before the X dare.  (For instance 2 weeks ahead so he get chance to find money.) If he don't pay, then you go to court.

2. PERHAPS worth checking the property. Perhaps he is owner but haven't transfered the title to his name. IF so there is some chance you can get it, but it's much harder than a Foreclosure procedure because it need the extra step to proove it's his.

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Lunkan


Reclusion Perpetua
To add chance you don't need to go to court - TELL them in that demand you will file a criminal case if they don't pay before this deadline.
But don't tell it as a threat, tell it as a fact Smile

Concerning the property you can check if the Register have any notes at the title
and try to reach the person at the title to get info who is owner and ask how come the boss had the title. IF it's sold to him, you can perhaps get it foreclosed.

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RippedOff


Arresto Menor
he mentioned something about foreclosing it. I'll copy paste his text. But then again he could just say that just to get away of his obligation since the land title isn't under his name and still under the same owner. He mentioned to me that he lent money to a friend another business woman I believe more or less 300K pesos, so in return she gave the land title to him and a paid out to CASH check of 300K for collateral. Now in returned he did that with me to cover one of his bounced check. So now i'm the 1st her she got it from the owner probably trying to sell it or use it to get a loan, 2nd gave it to him for collateral and now to me. Gee's ... it's like the owner of the Land title has no clue what's going on with her land. I'm trying to find her actually on Facebook. I found the person that went to the Registered Deeds in Cavite but she hasn't responded. I'm still awaiting her response but then again she could work for the 1st lady that initially had it. Then they could file a lost Land Title and then i'll be more screwed. LOL I'm sorry but the way how everything works in the Philippines is so complicated and just too many regulated procedures compared to states it's so easy, quick and fast. Thank you for your advise i'll keep that in mind. As for the middle guy that went with me, he's a no show at the Baranggay. He refuses to attend any hearings. He's wanting to talk to me privately and not through the Baranggay. But talking isn't going to get anywhere when it comes to 800K in value owed by these crooks.

Lunkan wrote:To add chance you don't need to go to court - TELL them in that demand you will file a criminal case if they don't pay before this deadline.
But don't tell it as a threat, tell it as a fact   Smile

Concerning the property you can check if the Register have any notes at the title
and try to reach the person at the title to get info who is owner and ask how come the boss had the title. IF it's sold to him, you can perhaps get it foreclosed.

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10 foreclose on Fri Jul 15, 2016 5:29 am

RippedOff


Arresto Menor
forgot to ask: How to foreclose a land title here in Philippines

RippedOff wrote:he mentioned something about foreclosing it. I'll copy paste his text. But then again he could just say that just to get away of his obligation since the land title isn't under his name and still under the same owner. He mentioned to me that he lent money to a friend another business woman I believe more or less 300K pesos, so in return she gave the land title to him and a paid out to CASH check of 300K for collateral. Now in returned he did that with me to cover one of his bounced check. So now i'm the 1st her she got it from the owner probably trying to sell it or use it to get a loan, 2nd gave it to him for collateral and now to me. Gee's ... it's like the owner of the Land title has no clue what's going on with her land. I'm trying to find her actually on Facebook. I found the person that went to the Registered Deeds in Cavite but she hasn't responded. I'm still awaiting her response but then again she could work for the 1st lady that initially had it. Then they could file a lost Land Title and then i'll be more screwed. LOL I'm sorry but the way how everything works in the Philippines is so complicated and just too many regulated procedures compared to states it's so easy, quick and fast. Thank you for your advise i'll keep that in mind. As for the middle guy that went with me, he's a no show at the Baranggay. He refuses to attend any hearings. He's wanting to talk to me privately and not through the Baranggay. But talking isn't going to get anywhere when it comes to 800K in value owed by these crooks.

Lunkan wrote:To add chance you don't need to go to court - TELL them in that demand you will file a criminal case if they don't pay before this deadline.
But don't tell it as a threat, tell it as a fact   Smile

Concerning the property you can check if the Register have any notes at the title
and try to reach the person at the title to get info who is owner and ask how come the boss had the title. IF it's sold to him, you can perhaps get it foreclosed.

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Lunkan


Reclusion Perpetua
RippedOff wrote:he mentioned something about foreclosing it. I'll copy paste his text. But then again he could just say that just to get away of his obligation since the land title isn't under his name and still under the same owner. He mentioned to me that he lent money to a friend another business woman I believe more or less 300K pesos, so in return she gave the land title to him and a paid out to CASH check of 300K for collateral. Now in returned he did that with me to cover one of his bounced check. So now i'm the 1st her she got it from the owner probably trying to sell it or use it to get a loan, 2nd gave it to him for collateral and now to me. Gee's ... it's like the owner of the Land title has no clue what's going on with her land. I'm trying to find her actually on Facebook. I found the person that went to the Registered Deeds in Cavite but she hasn't responded. I'm still awaiting her response but then again she could work for the 1st lady that initially had it. Then they could file a lost Land Title and then i'll be more screwed. LOL I'm sorry but the way how everything works in the Philippines is so complicated and just too many regulated procedures compared to states it's so easy, quick and fast. Thank you for your advise i'll keep that in mind. As for the middle guy that went with me, he's a no show at the Baranggay. He refuses to attend any hearings. He's wanting to talk to me privately and not through the Baranggay. But talking isn't going to get anywhere when it comes to 800K in value owed by these crooks.
Yes big chance he told truth about how he got the title, because such is common.

Go to Register of Deeds and try to get a note there you have a claim on it to reduce the risk you will be jumped.
It's a problem though you haven't anything signed by your boss.

Well it's possible talking can be good Smile
Then you get the chance to tell you will file a case (about the bounced check, which you can prove) if he don't
Pay soon Smile
Or you can agree to delay it until you have seen if you have got compensation, if he do all he can to assist you to get it Foreclosed with you geting the money. (Ask a lawyer so you get it compleete.)

I don't know how the Foreclosure process is, but I asume a NORMAL case is rather easy because banks find it ok to do such.
Foreclosed properties are sold cheap normaly, because the owner have right to get it back by paying enough wothin a year.

Is it a house at the property?
Perhaps you find her by she live there Smile or perhaps neighbours know where to find her.

And perhaps your problem can be (partly) solved by she pay you Smile

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