I am an assumer of a house and lot already foreclosed on a bank in Makati. I was able to redeem the property thru the help of financier Mr. Tsong, he paid the redemption price of Php450,000 last September 2010 wherein it was stated on the official receipt that I am the redemeer and paid by Mr. Tsong.
There was no written agreement between us on how I would pay the amount he paid to bank nor the rate of interest he would charged me for the loan.
Although verbally we agreed that I would pay for the amount he paid to the bank for my property thru the proceeds of my loan to Pag-Ibig.
On the Deed of Redemption issued to us by the Bank last December it was stated there the Name of the Original Borrower and my name as the redeemer.Also on the same date , the Original copy of TCT under the name of the Original Borrower was given to me.
I gave the Original TCT to Mr. Tsong on the same date the bank gave it to me.
Without my knowledge , Mr. Tsong transferred the name of the title from the the Original Borrower to the name of his brother-in-law Mr. Tsing.
in the process of transferring the name of the title, they submitted a fabricated Deed of Redemption bearing the name of the Original Borrower and the Original Borrower as the redemptioner and not me.
Mr. Tsong and Mr. Tsing also submitted to the Registry of Deeds a fake Deed of Absolutely Sale supposedly signed by the Original Borrower in favor of Mr. Tsing.
After the Original TCT under the name of Mr. Tsing was given to him, Mr. Tsong thru telephone calls is asking me to sign documents (to be personally delivered by his staff to me) wherein he is asking me to loan an amount of 1.5 m to Pag-Ibig. I told him that it was not our agreement. And also, I could not sign the document immediately because I have to send it first to my husband who is abroad for him to read the document first before we could sign it.
Mr. Tsong got mad and threatened that he would eject me .
I just received a letter from their lawyer, stating therein that Mr. Tsing is asking me to pay a monthly rental of 7000 computed from September 2010 and totaling 49,000.00. Also he is asking me to vacate my house within fifteen days upon receipt.
My friend told me that said letter is a preparatory for the ejectment case that they would file.
My questions now are:
1. Can Mr. Tsing or Mr. Tsong ask for a monthy rental even if that was not our agreement. Or can he eject me when it is not our verbal agreement and there was no written agreement to that effect?
2. can I file an adverse claim to the registry of deeds stating therein that the transfer of title made from the original borrower to Mr. Tsing should be void because they fabricated documents particularly the Deed of Redemption and Deed of Absolute Sale?
3. If ever they would file an ejectment case, can I have the adverse claim as my defense?
thank you very much and my apology for the long letter