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TOPIC: sinangla na lupa ng kapitbahay

sinangla na lupa ng kapitbahay 6 years 9 months ago #332

  • sarah
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hi here's our situation few years ago we purchase this house that we are living in we have the deed of sale, all the receipts from the realty agency about the debts of the previous owner that we paid for and the transfer certificate notarized by lawyers and the city hall we just don't have the title of the house because my mom cannot pay for the taxes of the house (the house has a unit a and unit b we bought the house and lot unit B ) after we purchase it because my parents got separated. Now the sheriff went to our house saying that a rural bank own the house and lot that we purchased and we need to vacate within 3 days we didn't know and we don't have any idea that the previous owner of the house took a loan from the bank and as an exchange she used the title of the land as a collateral. does they have legal actions to do that even if we have the deed of sale of the house and other documents that we purchase the house? hope for an answer i really need help. God Bless-- Sam :(
Last Edit: 6 years 9 months ago by sarah.
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sinangla na lupa ng kapitbahay 6 years 9 months ago #335

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If it was mortgaged, and it was annotated in the tct, you have to respect it. The bank can have it but you have the right to redemption. The seller of the house maybe liable for damages.

If the mortgage was not annotated in the title, you can set up the defense of buyer in good faith against the bank.

It is best that you bring the documents to a lawyer and have them look at it. You can visit our office if you want.
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