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Good day. I would like to solicit your advice base on the following facts:
1. I have been occupyin a housing unit for almost eight years now. I am not the registered borrower but only renting the unit from the registered borrower who is a distant relative.
2. The unit was due for foreclosure years ago. I was asked by NHA to apply to buy the house but I did not do that because the house was not officially foreclosed yet and I dont want to create conflict with my relative. However, I told NHA to inform me once the house is foreclosed so I can decide.
3. Two years ago I received a Certificate of Sale from a local court indicating, and as confirmed by NHA, that the unit was already foreclosed and bought by other party.
4. I did not leave the house. I wrote the Vice- President Binay for help but my letter was indorsed to NHMFC who expectedly affirmed their previous argument despite of my complaint that it should I have been properly informed that the unit was already foreclosed and for sell.
5. NHA insisted I received a notice to sell but I am very much sure I did not. The latest I received from them was a restructuring program giving the registered borrower the opportunity to redeem his house. I personally discussed that with the borrower who I only seldom see ( I would only send through LBC my rental fee to the borrower). He said he will visit NHA but NHA said he never showed up in the office.
6. Helpless of my complaint with NHA, I decided just to wait for any court order for me to leave the house hoping I will have the opportunity to raise my right by answering any court order and to ask for reconsideration.
7. On June 22, 2012 I received a letter from NHMFC Legal Department demanding me to vacate the house within seven days upon receipt lest they will take legal action if I failed to leave.
My questions po:
1. Do I still have the chance to apply ownership for the house? On what grounds?
2. What would be the consequences if I will not leave as demanded by NHMFC letter?
3. What is actually the procedure (that legal action) against me if I will not leave. And what remedy do I have? How long will it take?
4. What is the standard procedure in informing teh current occupant that the unit is indeed forceclosed and for sell. Was the notice of restructuring program sufficient as a Notice to Sell? A staff from NHA said it was.
Maraming-maraming salamat po sa paging payo n'yo. God bless.
1. I have been occupyin a housing unit for almost eight years now. I am not the registered borrower but only renting the unit from the registered borrower who is a distant relative.
2. The unit was due for foreclosure years ago. I was asked by NHA to apply to buy the house but I did not do that because the house was not officially foreclosed yet and I dont want to create conflict with my relative. However, I told NHA to inform me once the house is foreclosed so I can decide.
3. Two years ago I received a Certificate of Sale from a local court indicating, and as confirmed by NHA, that the unit was already foreclosed and bought by other party.
4. I did not leave the house. I wrote the Vice- President Binay for help but my letter was indorsed to NHMFC who expectedly affirmed their previous argument despite of my complaint that it should I have been properly informed that the unit was already foreclosed and for sell.
5. NHA insisted I received a notice to sell but I am very much sure I did not. The latest I received from them was a restructuring program giving the registered borrower the opportunity to redeem his house. I personally discussed that with the borrower who I only seldom see ( I would only send through LBC my rental fee to the borrower). He said he will visit NHA but NHA said he never showed up in the office.
6. Helpless of my complaint with NHA, I decided just to wait for any court order for me to leave the house hoping I will have the opportunity to raise my right by answering any court order and to ask for reconsideration.
7. On June 22, 2012 I received a letter from NHMFC Legal Department demanding me to vacate the house within seven days upon receipt lest they will take legal action if I failed to leave.
My questions po:
1. Do I still have the chance to apply ownership for the house? On what grounds?
2. What would be the consequences if I will not leave as demanded by NHMFC letter?
3. What is actually the procedure (that legal action) against me if I will not leave. And what remedy do I have? How long will it take?
4. What is the standard procedure in informing teh current occupant that the unit is indeed forceclosed and for sell. Was the notice of restructuring program sufficient as a Notice to Sell? A staff from NHA said it was.
Maraming-maraming salamat po sa paging payo n'yo. God bless.
