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change name on electric bill and water bill

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harveynichole


Arresto Menor
our property were foreclosed which is named after my mother without our knowledge.until the new owner came claiming their rights.we opposed and appealed to the agency who foreclosed the property since we didn't receive any notices.And still we are in possession of the said property and willing to pay our obligations ,since we just graduated from college and working now... But the meralco and the water company already change the billing name, they said the new owner show them a copy of a conditional sale? could this happen even we are not still receiving any court order? is it ok not to pay it since my mothers name is not on it anymore? the agency said that the new owner bought it on "as -is where is basis" what does it mean?

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attyLLL


moderator
if you don't pay, then they will cut off your utilities. are you saying that the property was not foreclosed by the sheriff?


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harveynichole


Arresto Menor
yes, there was no sheriff that served the court order, no notices arrived for the foreclosure..we checked the municpal trial court if there is an ejectment case for our mother. but they said there is nothing.. as of the moment the new owner transfer all the utilities on their name.

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attyLLL


moderator
you can hold on to the property until there is a court order directing you to vacate.

you say forclosed, are you paying for the property on installment under a contract to sell, or is the title already in your name and the title is annotated with a mortgage?


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harveynichole


Arresto Menor
the title is in our name and the title is annotated with a mortgage...


help!... we receive a mandatory injunction and it is for a raffle na daw po on feb 22 .. that is tomorrow... what can we do now? are we gonna get arrested? can a lawyer help us immediately?... how would i know it is summon? there are so many papers, i dont understand, that there will be a raffle of the case, do we have to attend it?

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attyLLL


moderator
is the title annotated with foreclosure and date of issuance of certificate of sale? you have one year to possess and redeem the property from the time of annotation of the certificate of sale.

if it has been more than one year, then the new owner has a cause of action. i think what you received is a complaint for ejectment with a prayer for issuance of writ of mandatory injunction. you have to get a lawyer.

you do not need to attend the raffle, but the next step will be the judge will summon you to the hearing. if you do not attend, the judge may issue a writ of mandatory injunction ordering you to leave immediately. you have to appear and oppose.


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harveynichole


Arresto Menor
it is not yet annotated with foreclosure and date of issuance of certificate of sale... the encumbrances still have only one annotation, the payment we made beforehand...

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attyLLL


moderator
then you argue that the other person has no legal right.


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harveynichole


Arresto Menor
a friend help us to get a lawyer.. since that friend migrate to u.s. last year.. they endorsed us to the attorney but now he cannot be reached too.. they neighbor told us they also migrated to the u.s. last month..according to them, they sold all their properties and businesses.. what should we do..?they didnt leave any contact numbers aside from their landline and cellphone number which is cut off already... there will be a hearing on tuesday.what would we tell the court? last hearing was done last january and he know about the hearing .. i dont know what to do.. please help

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harveynichole


Arresto Menor
the prosecution lawyer told us that they will ask for the resolution if we didnt have an attorney... maybe they have also learned already what happened... would it really cause us to loose the battle of fighting for my mom's property... and in case my mom died because she is a ckd patient.and she is getting worst. could i still fight for her right to the property??

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attyLLL


moderator
attend the hearing and say that your lawyer has disappeared. ask for a resetting. then look for a new lawyer. your mom's rights will transfer to her heirs so you can still continue the case.


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