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Notice to vacate and ejectment case

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1 Notice to vacate and ejectment case on Fri Apr 08, 2011 6:22 pm

maluisadominic


Arresto Menor
Good PM;

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


MaluisaDominic


[right]
[justify]

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2 Re: Notice to vacate and ejectment case on Sat Apr 09, 2011 8:50 am

attyLLL


moderator
it is correct that it is preparatory to an ejectment case.

why did you give the title to them? as security?

your defense lies in is the deed of redemption from the bank and the receipt that says he provided the funds. That proves that he only provided you with a loan. You should also prove that the deeds they used were falsified. did you get certified true copies from the RD? you can file falsification and estafa charges against him.

Can you find the old owner?


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3 Re: Notice to vacate and ejectment case on Sat Apr 09, 2011 3:43 pm

maluisadominic


Arresto Menor
Yes, I have certified true xerox copy of title from the RD, for the Deed of Redemption I already requested for a copy.

I cannot find the old owner.

If I will file an estafa case is it against whom? Mr. Tsong or Mr. Tsing, If I filed an estafa case , can it stop or answer the ejectment case that would be filed against me?

Normally, how long does it take an ejectment case ?

Additional: Do I have to answer the demand letter that was sent to me? if yes what do I have to answer, can I tell Mr. Tsing that we have no agreement that I have to pay monthly rental, or do I have to narrate every verbal agreement I have with Mr. Tsong like I will pay him back for the loan through Pag-Ibig Loan proceeeds etc., or I dont have to answer the demand letter but instead I go directly to filing an estafa case against him?

Thank you very much for your answer to my first post, it enlightened me a lot

Maluisadominic

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4 Re: Notice to vacate and ejectment case on Tue Apr 12, 2011 10:46 am

maluisadominic


Arresto Menor
Dear Atty;


Yes, I have certified true xerox copy of title from the RD, for the Deed of Redemption I already requested for a copy.

I cannot find the old owner.

If I will file an estafa case is it against whom? Mr. Tsong or Mr. Tsing, If I filed an estafa case , can it stop or answer the ejectment case that would be filed against me?

Normally, how long does it take an ejectment case ?

Additional: Do I have to answer the demand letter that was sent to me? if yes what do I have to answer, can I tell Mr. Tsing that we have no agreement that I have to pay monthly rental, or do I have to narrate every verbal agreement I have with Mr. Tsong like I will pay him back for the loan through Pag-Ibig Loan proceeeds etc., or I dont have to answer the demand letter but instead I go directly to filing an estafa case against him?

Thank you very much for your answer to my first post, it enlightened me a lot

Maluisadominic

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5 Re: Notice to vacate and ejectment case on Tue Apr 12, 2011 6:56 pm

attyLLL


moderator
see who benefited from the the deeds which were falsified. that is the person who can be charged with estafa through falsification of public documents. my guess is that it would be Mr. Tsing since he appears as the buyer.

i am guessing it is the onwer's signature which is falsified. try to get older deeds and docus where the other signatures of the old owner are so you can compare. the RD and the assessor's office will have them.

i recommend you answer the demand letter.


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6 Re: Notice to vacate and ejectment case on Thu Jul 28, 2011 12:54 am

maluisadominic


Arresto Menor
Gud pm, my friend is occupying a Pagibig foreclosed property. The original owner (a cousin of them) let them used the property since he is already settled abroad. Last May, an alleged buyer of the property who shows a doubtful contract to sell from PagIbig (doubtful because the Authority to Movein from Pagibig is earlier than the contract to Sell. The name of the Title was already transferred from the Original Borrower to PagIbig. Pagibig, by giving 5% discount on litigation will not interfere anymore with the buyer (if true) of the property in ejecting the occupant of the property. Now, my question is, can the alleged buyer file an ejectment case with the mere Contract to sell as their proof of ownership to the property? what is the procedure of an ejectment case? after filing a case, do the court will send a subpoena for the occupant and the buyer to talk ?

Thank you very much

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