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PAGBAWI NG NASANGLANG LUPA

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.   

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