1. A housing unit was foreclosed. It was named under the name of a husband. The husband and wife are not legally separated.
2. The wife claimed it was actually her money spent for the housing. The house is now being rented. She was surprised it was foreclosed, all the while she thought her husband was paying the monthly mortgage.
3. Believing that due process was not followed as neither the husband nor the wife received the notices, the wife now wanted to contest the foreclosure. The husband who is the registered borrower in NHA is not interested to fight for the house.
4. Questions
a. Can the wife transact for the property under the conjugal property concept? If so what are the requirements needed?
b. According to NHA the unit was already sold to the third party and there is already Certificate of Sale. May laban pa po ba ang misis?
Salamat po ng marami.