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New Modus - Buying Car with Assumed Balance then Selling it

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Honeybaker


Arresto Menor
Good day.

I would just like to ask what complain can we file.

Nakabili po kami ng kotse na ang sabi fully paid na po pero may balance pa po pala sa bank. Bale po ang modus nya is bibili ng kotse na may assume balance tapos ibebenta sa iba at sasabihin na paid na. Tapos gagawa ng fake or & cr. Nadiscover din po namin na yung binigay nyang pangalan ay hindi yung totoo nyang pangalan at may fake drivers license din po sya. Bale so far po 3 names ang nadiscover namin na ginagamit nya.

Salamat po.

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attyLLL


moderator
in my opinion, that is falsification of public documents and estafa.

do you have the real name and address of the seller?


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Honeybaker


Arresto Menor
Thank you very much for the answer attyLLL.

Yes we have the real name and address of the seller.

My concern now is what will happen to the car that we bought to him?

Thanks again.

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Honeybaker


Arresto Menor
By the way we have already checked to LTO that it is not a hot car, (but Encumbered) since it was bought by the suspect to the original Owner.

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attyLLL


moderator
the bank will eventually file a case for issuance of a writ of replevin so they can repossess the car.


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Honeybaker


Arresto Menor
Thanks for your reply attyLLL.

You are a big help to many.

But we also have a right to the car because we purchase it; and the bank should go after the one who sold the car under mortgage because it is a breach in their contract to sell encumbered vehicle? Please enlighten us.

Thanks

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attyLLL


moderator
the bank has the right to repossess the car if the mortgage is annotated on the certificate of registration. you should go after the seller.


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Honeybaker


Arresto Menor
so sad that we still haven't settled this case pero we have file a case na and just waiting for the resolution.

attyLLL our question now is can the bank harass us? actually they are starting to call and harass us... shouldn't they go after sa nagloan sa kanila and not to us? do they have the right to harass us... victim na nga kami at wala naman kami kasunduan with the bank...

I know they can just can get / repossess the car once they saw it... but calling and harassing us I think they don't have the right to do that... tama po ba attyLLL?

Thanks in advance for your answer.

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