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Debtor Deceased

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1 Debtor Deceased on Mon Sep 26, 2016 12:22 pm


Arresto Menor
I just want to ask and share about our situation.
Ms.A borrowed money from Mr. B the amount of PHP50,000k It's been 7 years and A did not pay her debt to Mr.B but Ms. A is giving sum of money. What B did is he transferred the house of Ms. A to his name by falsifying the signature of Mr. C the husband of Ms. A
Mr. C sued Mr. B for transferring the house under his name. The court decided that within 18 months Ms. A needs to pay 3k every month and after 18 months Ms. A need to pay the amount of PHP200,000k for her debt and interest if she cannot pay the debt the house will be foreclose by Mr. B however, after 5 months Ms. A died and still the family of Ms. A is paying the monthly fee of 3k. The family of Ms. A especially Mr. C seek the advise of their lawyer and was informed that they cannot do anything about it anymore if they cannot pay the PHP200,000k after 18 months the house will be foreclose there will be no compromise.

Is it real that Mr. C cannot do anything since Ms. A is already dead?

Please I need your advise thank you and God Bless!

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2 Re: Debtor Deceased on Tue Sep 27, 2016 4:10 pm


Reclusion Perpetua
I think you have misinterpreted your situation. Kung ipo-foreclose pa, ibig sabihin hindi pa nalilipat ni Mr. B ang certificate of title sa name nya. What he could have done was to fake mortgage. Ibig sabihin, parang isinanla kunwari. Wala na talaga kayong magagawa kundi ang bayaran ang pagkakautang unless sasabihin ni Mr. A na di na lang siya maniningil. Pwede namang pag-usapan yan kahit may decision na ang court.

And in relation to your concern regarding the death of Ms. A, it did not affect the obligation. The obligation survives kahit namatay na pero hindi iyon ipapasa sa mga anak but sa mga properties ni Ms. A. Dun kukunin ang pambayad utang.

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