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Lender refuses to give exact amount of loans against property by my step daughter.

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izzygebe


Arresto Menor

My late wife and I purchased properties 40 years ago. We legally adopted a child.  My wife passed away and I had a friend take care of the extrajudicial settlement since I am a foriegner from Netherland.  

December 2013, the step daughter (filipino citizen) removed from a locked room the titles of the property from my house without my permimission and acquired a fake SPOA to borrow money against property.  I did not know right away that she had removed the titles from my house.  Once I found out, I went to the borrowers office to ask for an exact amount of the loans as well as documentation proving such amounts.  The lender refused to even to take a meeting from me.  I went on three separate occasions each with the same results.  The step daughter has admitted that she has signed numerous documents from the lender without  knowledge of what the contents were.  She also says she has no idea exactly how much money she has borrowed nor the terms of the loans.  

In June 2015 I hired a lawyer to file an Adverse claim and to meet with the lender to get an amount of the loans as well as documentation.  The lender met with the lawyer, however, refused to give him an exact amount of the loans.  The lender told the lawyer that the amount exceeded 5 million pesos but he did not know the exact amount  He even stated that he did not have to meet because the loan is in default as of April 2015.  As of today's date I have never recieved any documentation about late payment or default notices from the lender.  

Along with the fake SPOA there was also a separate fake Extrajudiciary Settlement filed at the ROD as well as a Mortgage agreement in the amount of 2,010,000 pesos.

The lender has the titles to the properties and is refusing to cooperate with me.  How do I force him to give me a correct amount with documentation.  The reason I need this is because I have a developer that wants to buy the land and he will not buy until this is settled.  I am a third party to this action without any knowledge.

Thank you in advance for your knowledge and time. It is truly much appreciated.

Lunkan


Reclusion Perpetua

You tell you are foreigner, your wife has died, and your Filipa citizen stepdaughter made a fake property document.
? Who is the official OWNER of the land now?

concepab

concepab
Reclusion Perpetua

Lunkan wrote:You tell you are foreigner, your wife has died, and your Filipa citizen stepdaughter made a fake property document.  
? Who is the official OWNER of the land now?

The property is conjugal. Regardless of that, since the documents presented were fake, the transaction is void.

The reason why the lender is not fully cooperating is he/she is interested to the properties... just my opinion.

Lunkan


Reclusion Perpetua

Yes, conjugal, but the wife is dead. That's why I asked who stand as owner now in the registers.

concepab

concepab
Reclusion Perpetua

Lunkan wrote:Yes, conjugal, but the wife is dead. That's why I asked who stand as owner now in the registers.

You should be the owner. IMO, you should question the legality of the SPA used by your daughter, and how she acquired the original title. The lender will not cooperate if you will not push them harder.

Lunkan


Reclusion Perpetua

concepab wrote:
Lunkan wrote:Yes, conjugal, but the wife is dead. That's why I asked who stand as owner now in the registers.

You should be the owner. IMO, you should question the legality of the SPA used by your daughter, and how she acquired the original title. The lender will not cooperate if you will not push them harder.
He is foreigner. If I have understood corect, foreigners can INHERIT land, BUT can't own it alone any long time. (=Get time to solve the ownership.)
That's why I wonder what the documents say who is owner.

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