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kinamatayan ang utang

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1 kinamatayan ang utang on Thu Jan 05, 2017 9:53 pm

don0720


Arresto Menor
Hingi lang po ako ng advise. Ang nanay ko ay mayroong utang sa isang kooperatiba ginawa niya pong kolateral yung lupa.pero namatay po ang nanay ko nung 2012:
Tanong po:
1.patuloy po ba tutubo ang utang ng nanay ko kahit patay na sya?
2.maari po ba kunin ng kooperatibang inutangan ng nanay ko ang lupa upang maging pambayad?
3.sa anong batas po nakapaloob ang interes sa pagpapautang? Ilang percent po ba dapat ang ipinapataw na interes sa utang na naaayon sa batas.




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2 Re: kinamatayan ang utang on Thu Jan 05, 2017 10:34 pm

Lunkan


Reclusion Perpetua
(My Tagalog is bad so I don't understand some of what you wrote.)

I don't know what deal the cooperative have, but I suppouse
a/ The real estate is collateral for the loan.
b/ If the loan isn't paid during longer time, then it's normal to foreclose the real estate to cover the loan. That's normaly BAD for the owner. Can be better to try to SELL the real estate and pay the depts.
If Foreclosed then owner/hiers have right to buy it back within a year from when it was SOLD, for a static price an instititution (HLURB?) decide.

3. Do you mean they demand to high interest? How high is it?

Anyway, you hiers better talk with the cooperative about how to solve it best for you.

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3 Re: kinamatayan ang utang on Fri Jan 06, 2017 7:48 am

don0720


Arresto Menor
Thank you for the answer... but regarding question #1,does the loan continue to earn interest even my mother already passed away.I found a document that stating that my mother should pay it in 1year that was in 2012,but I think she was not able to pay because she got sick and sadly,she died on september 2013.

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4 Re: kinamatayan ang utang on Fri Jan 06, 2017 9:52 am

Lunkan


Reclusion Perpetua
don0720 wrote:Thank you for the answer... but regarding question #1,does the loan continue to earn interest even my mother already passed away.I found a document  that stating that my mother should pay it in 1year that was in 2012,but I think she was not able to pay because she got sick and sadly,she died on september 2013.
When an inheritance is done proper, then the real estate and other are split between the hiers and then you would have decided if you
/sell the property
/go on paying the loan
/or let the property go to foreclosure.
I don't know how fast such processes are done in the Philippines, but I suppouse it would have been done a long time ago, if you had started the Extrajudical process 2012.

I'm not totaly sure, but I suppouse the loan continue to earn interest until
/the loan is paid
/the loan is moved to buyer of the property
/or the property is foreclosed.
You can check the loan document if there are any "lopeholes" but I suppouse there isn't any.

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