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Legal obligation of the property owner vs buyer (ESTAFA)

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luminousvixen


Arresto Menor
[i]Hi! Good day!

I need some legal advice regarding this matter; My husband's mom is a real estate broker/owner. So they had this property which is under my husband's name. Then binenta nila yung bahay. Yung bahay eh niloan lang nila sa bangko, dahil hindi na nababayaran ng mama ng asawa ko yung niloan sa bangko, hindi na tinanggap ng bangko yung 1M na binayad ng buyer dahil lumaki na po ang utang nila sa bangko kaya nag desisyon na yung bangko na i-sheriff yung bahay. Yung nakabili ng bahay dinemanda yung mama ng asawa ko ka. Makukulong rin po yung asawa ko dahil sa kanya naka pangalan yung bahay? Sabi ng lawyer madadawit raw po yung asawa ko dahil under sa pangalan nya yung property kaya makukulong rin po sya. Tama po ba yun? Anu po ba ang dapat naming gawin?

Thanks in advance.

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attyLLL


moderator
i would say that should not be considered estafa if the mortgage was annotated on the TCT and they were aware of it. they should have checked with the bank to learn the status of the loan.


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