naisanla po yun lupa namin sa bank at naforeclosed po ito at nalipat yun title sa banko. Nagkasundo po sila na ibenta ng bank yun lupa sa parents ko. Nagkaron ng contract to sell at deed of absolute sale in favor of my parents. But before that nagkaron ng ibang party, nagkaron ng deed of assignment bet. the other party and my parents na nakahiram sila ng cash pandagdag dun sa pambili ng lupa. Contents ng deed of assignment: We (my parents(status) (address) for and in consideration of the sum (amt) phil currency receipt is hereby acknowledged to our entire satisfaction from (other party) have assigned, transfer and convey unto said (third party) her heirs, successors and assigns whatever rights, interests and participantions w/c we may have over that parcel of land, including all the existing improvements found thereon, situated in ( land address) w/c is more particularly described and bounded as follows:( The TCT #); that this assignment is subject to the terms and conditions of the contract to sell dtd(the date) executed by (bank-seller) in favor of the herein assignors w/c was duly acknowledge before Notary public(The name of atty who notarized the contract to sell). Then the signature of the third party as assignee and my parents as assignor and signature of atty as notry public who sign the deed of assignment. Bale ang name na nakalagay po sa contract to sell recibo nun bilhin nila yun lupa ay name ng father ko. Kaso po nun nireleased na ng bank yun docs, kinausap nun third party parents ko na may buyer daw sya kaya hiramin daw nya yun mga docs na galing sa bank. Bale the third party give only a xerox copy to my parents and all the original docs is on the third party dina po nya binalik. Until my parents ask seek an advise to a lawyer, nun binasa po nun lawyer yun deed of assigment she advise my parents to make an agreement to be sign by my parents and the other party. Here is the contents of the Agreement(This agreement made and entered into this date(the date)(address); Name of my parents and the name of other party witnesses that whereas the first party (my parents) are the former owners of tht parcel of land; whereas the aforementione parcel of land including its improvemnets, were mortgaged by the 1st party(my parents) with the bank to secure the payment of the mortgage loan w/c said (my parents) have secured from said bank; whereas (my parents) failed to pay their mortgage obligations w/ the bank and the aforementions real estate property, including its improvements were foreclosed by the said bank; whereas(my parents) failed to redeem the said property and the said bank had consolidated its title to the said property and TCT# of the Registry of Deeds for the (address )was issued ib the name of bank; whereas t(my parents) was given a period of 60days from (date) w/in which to repurchase the aforementioned property for a price of (amount); whereas (my parents) assigned thier rights to repurchase the said property in favor of (name of other party); whereas (my parents repurchase the said property on (date purchased) by paying the bank the repurchase price of (amount); whereas the (name of other party) reconvey the said property in favor of (my parents); whereas in addition to the consideration of the said assigment of the rights of (my parents) to repurchase said property, the (othe party) is willing to cede, transfer and convey in favor of (my parents) a portion of the aformentioned parcel of land, consisting of (1k sq mtr) wherein the improvemnets/residential house of (my parents) is erected and to pay the further consideration of (amount-agreed upon the 2 paries). In consideration of the forgoing premises, the parties have agreed they herby agree as follows: that (other party) shall pay to the (my parents) the sum of (amount agreed upon) w/in 90days from the date of this instruments; the aforemntioned parcel of land shall be subdivided and 1k sq mtr shall be segregated per subdivision plan hereto attached as Annex A wherein the Lot A shall be allocate to the (my parents) and Lot b and Lot c shall be allocated in favor of the (other party); Upon payment of the aforementioned amount of (sum) the parties shall execute the necessary instruments to effect the registration and trnsfer of Lot A in the name of (my parents) and Lot B and Lot C in the of of (other party); That all expenses including payment of capuital gains tax, documentary taxes, real estate taxes due and registration expenses shall all be for the account of the (other part). This agreement was sign by my parents and the other party w/o notary po.(binding agreement); then nun hindi tumupad yun other party s agreement pinatatakan nila ng parents ko yun title sa register of deeds ng (adverse calim) para po di nya maibenta po kc meron po silang naging kasunduan nun sa deed of assignment before nagawa yun other agreement po. Ang problema pa pong isa lahat ng hawak namin ay xerox at lahat ng original ay hawak nun other party.Kahit yun deed of Absolute sale ay nasa kanya po, xerox lng nasa amin. Yun bank po nabankrupt na, nagpunta kmi ng pdic para magcertify ng deed of absolute sale ang sabi po nila ay walang copy na ipinasa ang bank lahat daw andun except that copy of absolute sale(nakakapagtaka naman na pinakaimportanteng bagay ay wala hindi maipapasa sa kanila/ malaking katanungan sa amin yun kasi ang banko mahigpit pagdating sa ganyan, nabanggit din nila dun sa pdic na nagpunta na dun yun other party nagpakita lng sya nun deed assignment pero di pinakita yun agreement nila/ tapos iba-iba pang empleyado ng pdic ang humarap sa amin(yun una sabi nya sya ang may hawak ng records nun nabankrupt na bank; tapos yun 2nd employee na humarap s amin sya nagsabi na galing na dun yun other party; then yun 3rd employee yun nagsabi na walang copy ng deed of absolute sale na pinasa s knila ang bank. Ano kaya pwede namin gawin dito? Yun atty na nagnotario nabaha sila kaya di nya macertify yun deed of absolute sale na xerox copy namin. Nasa korte na po itong kaso namin on going po na dinidinig kaso naguguluhan po kami kc yun atty namin inaadvise nya na bayaran namin yun capital gain tax khit yun title ay name pa ng bank. Sabi nun atty namin mayron naman daw yun deed of absolute sale nakapangalan naman dw sa parents ko. kaso po xerox lang hawak namin tsaka nasa agreement nila na all expenses and capital gain tax ay babayaran nun third party; e inaadvise nun atty namin na bayaran para daw hawak kami na ebidensya as original copy na kmi ang nagbayad ng capital gain tax po. Pls advise us po kung ano po pwede namin gawin dito sa case namin at kung ano po talaga ang laban namin. Kc po yun other party pinapagalaw po nya ay pera lahat kahit tuwid ay bumabaluktot.Kaya kahit nasa tuwid kami di pa rin mawala ang pangamba namin lal na pag pera na ang pinagalaw nya po. My parents are both deceased po kaya malakas lalo loob nya. pinepetition po nya na mawala yun adverse claim. Yun po pla pinasa nya na deed of assignment sa korte ay falsified yun date pero parehas lang yun contents po, di namin alam kung ano po ang purpose nya dun po. Kaya kinounter claim po namin sya. pls give us an advise po. Thank you very much and god bless us po.
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