Pag-ibig foreclosed property

Hi po, seek lang po ako ng advise.

1. I saw a low priced property posted on Pagibig acquired assets website.
2. I went to the property and talk to the occupant. I ask him if he is the owner and he said that he was. I informed him na naghahanap ako ng property for a housing loan and nakita ko na nakapost na sa acquired assets ng Pag ibig yung bahay nila, and ang sagot nya, "hindi na daw tinatanggap ng Pagibig yung bayad nya dahil malaki na yung penalty and interest, pero nagbabayad daw sya sa bangko (some sort of financing daw)". Then I said ok and leave.
3. Knowing that he is just making it up na nagbabayad sya sa bangko, I went to Pagibig and made a reservation and apply a housing loan for the said property.
4. The loan is not yet approved, and im scheduled for a followup call on Apr.4, pero sabi nung nag received ng requirements most probably maa approve yung loan.

Heto na po ngayon yung problema ko and I want to seek your legal advise.

- Should I continue acquiring the property? I was wondering kasi baka mahirap magpaalis nung nakatira.
- If in case maapprove yung loan, panu ko po mapapaalis yung nakatira in a legal matter?
- If magmatigas yung nakatira and ayaw talaga umalis, anu dapat kong gawin?


Many thanks po sa mga sasagot. =)

up po. =)

My Filipino is bad, so I understand only some parts of what you wrote.

Buying foreclosed property is more complicated. An important DIFFERENCE is that the old owner have right to GET IT BACK within a YEAR for a price, which ISN'T same as you buy it for. It's a STATIC price UNDEPENDING of what the new owner pay. I suppouse Pag-Ibig can tell what that paying back price is, so you don't pay to much.

An other thing needed to be checked I suppouse for Foreclosed properties too, is if the old property taxes are all paid. Such DEPTS follow the PROPERTY, so NEW owners risk to have to pay the old tax depts...

Thanks Lunkan for replying. My bad also for stating my post in taglish. Please see my comments.

Buying foreclosed property is more complicated. An important DIFFERENCE is that the old owner have right to GET IT BACK within a YEAR for a price, which ISN'T same as you buy it for. It's a STATIC price UNDEPENDING of what the new owner pay. I suppouse Pag-Ibig can tell what that paying back price is, so you don't pay to much.
- Price is cheap, but my worry is, as agreed thru the selling contract by Pag-ibig, that I have the sole responsibility for the eviction of the previous owner/tenant, and Pagibig could only provide me with proper documentation needed but they would not assists in the eviction process. What step would I take if ever the previous owner refused to leave the house?

An other thing needed to be checked I suppouse for Foreclosed properties too, is if the old property taxes are all paid. Such DEPTS follow the PROPERTY, so NEW owners risk to have to pay the old tax depts...
- It is fine as long as I fully acquire the property.

- Should I continue acquiring the property? I was wondering kasi baka mahirap magpaalis nung nakatira. - YES and NO it depends. patigasan ng sikmura ang labanan pag may tenant na ang nabili mong property. pareho tau ng case, I've been doing a legal and careful step by step way to acquire the property for months now.

- If in case maapprove yung loan, panu ko po mapapaalis yung nakatira in a legal matter?

Make sure you have ALL documents needed ( specially "Authorization to Move-in" paper ) pag village/subdivision sa homeowners office ka pupunta. other than that sa Baranggay hall na nakakasakop nung property mo. pde mo sila ipa-summon para mag usap, then, pag di sya sumipot after some attemps. i aakyat (reklamo) yan sa lupon ng baranggay. then ipapa - summon ulit sila. mag uusap kau then may kasunduan kayong pipirmahan. (eto ay kung pupunta sila sa baranggay)



- If magmatigas yung nakatira and ayaw talaga umalis, anu dapat kong gawin?

pag di kau nagkasundo sa baranggay level, at nakita ng lupon na kumpleto ka ng dokumento, they will give you (certificate to file action ), you will file an eviction case. at pagkatapos ng mahabang pag aantay, if the court favors you, a court sheriff will assist you in reclaiming what supposed to be yours.

(disclaimer) eto ay batay lamang sa reseach at pag tanong-tanong at personal experience. since pareho naman tayo ng pinagdadaanan o pagdadaanan pa lang kung sakaling ituloy mo ang housing loan mo) wala po akong pananagutan sa kung anuman ang mangyari.

Thanks sakurasasame for replying.

All went well for my case. Homeowners Asso. level pa lang naayos na yung pagpapaalis sa previous owner. Gave them 1 month time to vacate the house as agreed.

Thanks for that wonderful insight sakurasasame

I'm in the same situation right now. Is it necessary na dumaan pa muna ako sa Home Owners Association >> Brgy bago mg file ng eviction. hindi ba pwedeng diretso nlng ako mg file ng case?

@dave101:

Just my thought: Home owner's Association level ka muna sir. Hopefully, like in my case, dun pa lang magkaroon na kayo ng settlement/agreement nung previous owner. Be sure to bring your "authority to move in" letter.

dave101 wrote:Thanks for that wonderful insight sakurasasame

I'm in the same situation right now. Is it necessary na dumaan pa muna ako sa Home Owners Association >> Brgy bago mg file ng eviction. hindi ba pwedeng diretso nlng ako mg file ng case?

No, you can't go directly to court without Certificate to File Action issued by the Lupon ng Baranggay. Unless both parties undergo baranggay conciliation, your action will be barred by Statute of Limitations. This is in consonance with Section 412 of the Revised Katarungang Pambarangay Law, which states that, “(a) No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court x x x, unless there is a confrontation between the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has been reached x x x or unless the settlement has been repudiated by the parties thereto. x x x (b) The parties may go directly to court x x x (4) Where the action may otherwise be barred by the statute of limitations. x x x”

And under ADMINISTRATIVE CIRCULAR NO. 14-93 of the Supreme Court, dated July 15, 1993, re: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG PAMBARANGAY LAW [SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R. A. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991], the Supreme Court expressly stated that “a case filed in court without compliance with prior Barangay conciliation which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state a cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or the court may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu proprio to the appropriate Barangay authority applying by analogy Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law”.

Heed the advice of COLDasICE, exhaust first all possible extra-judicial remedies malay mo sa HOA pa lang magkasundo na kayo. It will save you a lot of money.

"you will file an eviction case. at pagkatapos ng mahabang pag aantay,"

How long time to expect in court, if having to go to court?