Q. Atty. Good day po. Hinge po sna aq ng tulong pra mabawi ang na forclosed n property ng lola at lolo q.ang title ay nsa bsp n po.sabi expired na ren dw po ung 1 yr redemption n wla nmm po kmi alam tungkol doon. At wla po kmi natangap n redemption leter s kanila.24 hectars po lhat ito at msa provins po ang nsabing lupa.my pag asa pa poba n mabawi ang title.slamat po and god bless attorney..
ANS: Base sa kwento mo at kahit tapos na ung 1 year redemption period , pero kung wala pa ring certificate of FINAL sale sa ginawang auction sale na galing sa Sheriff at ang pag pa rehistro nito sa Register of Deeds(RD) ay mayroong 1 year na redemption period ang pinagkaloob sa may-ari na matubos ito kung ang naging pagremata ay through Extrajudicial Foreclosure.
Take note further na hindi required na mabigyan kayo personal notice, sapat na nagkaroon ng notice of publication hinggil sa nasabing sales auction, ayon sa Korte Suprema,” An extrajudicial foreclosure sale is an action in rem and thus requires only notice by publication and posting to bind
the parties in the foreclosed property. No personal notice is necessary.( Langkaan Realty Dev’t, Supra; Bohanan v CA, supra; Fortune Motors, 265 SCRA 72)] .
For you further reference kindly take note that the Period of Redemption of property sold in extrajudicial foreclosure of mortgage is One (1) year from the registration of the Sheriff’s Certificate of Foreclosure Sale with the register of deeds. ( Bernardez v. Reyes,201 SCRA 648; Section 6, Act 3135, as amended.
Xxxx xxx
Learning is empowerment. For more information follow the Batas Pinoy Global in the YouTube.com Batas Pinoy Channel. kindly click the subscribed, share, like buttons and tap the notification bell, for future video updates.
2
Disclaimer: Batas Pinoy Global Community(BPGC). Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. Any communication from this corner does not create lawyer-client relationship of whatever nature and for whatever purpose. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer.
Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The contents provided by Batas Pinoy Global Community(BPGC) are not meant as substitute for legal opinion. Always consult your lawyer or other legal professionals for legal advice as regards the emailed or forwarded queries and the corresponding information furnished or as viewed by BPGC.
Readers who may have legal concerns affecting their persons, property, rights, title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts, (as no follow-up or clarification of queries will be entertained to give way to others in the queue ) in order to avoid vagueness and mis-appreciation of the facts of your stories. For appropriate information write to: bataspinoychannel@gmail.com , reply to the queries is based on best effort basis due to the large volume of queries from kababayans all over world
WARNING: This communication is intended for use by the individual(s) to whom it is specifically addressed and should not be read by, or delivered to, any other person. Such communication may contain privileged or confidential information. If you have received this communication in error, please notify the sender and delete this e-mail message immediately. Thank you for your cooperation. * * *