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Urgent query concerning P.D 957 sec.23

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1Urgent query concerning  P.D 957 sec.23 Empty Urgent query concerning P.D 957 sec.23 Thu Jan 07, 2016 2:40 am

BernadetteCimeni


Arresto Menor

After full down payment of the developer and as promised that we can move in 16 months yet 2 years have passed still no notice of inspection for turn over and the said developer has pushed us to pay for the penalties and have us in house payment. From 2.2 remaining million to pay they grilled and insisted for us that reaches 2.5 million as they have seen that we have a bank who is capable to release such loan. Me and my husband are both ofws we feel helpless in such matter can you pls. Advise if we have the right to fight and a big chance to have all our money back?

betchay001


Reclusion Perpetua

Have you checked the site?  Is the house/unit finished?

If not, then go to HLURB and file a written complaint regarding the non-development of the house/unit. Your attorney-in-fact will have to do this for you.  As OFWs you did execute an SPA, yes?
If the developer did not develop the area, you may be able to get 100% of your payments.  If the area is finished, and you want your money back, the most you can get is 50%.  You still have to go to HLURB both times.  

Have you filed your papers at the bank?

BernadetteCimeni


Arresto Menor

Wow thanks for the prompt reply ma'am. We started paying since 2012 a 15 month down payment and they promised to for a turn over at the 15th to 16th month. But we never get to see nor get in the house even when my husband came to visit 2014 they said it is still 97 percent finish and we will wait for a notice for inspection to see it. They then pushed us to pay in house super high rate and penalties with a note that if 3 months unpaid we will forfeit all payments. The bank came to release a 2.5million pesos yet the total cost of the house 2.2 yet then again they want us dry and milked it went up with 2.5 and extra log computation to be cashed out. We tried to reply how unfair they are that up until now we weren't able seen the house then they don't have any feedback concerning our cries. Bank is ready to release yet to be honest we are too much fed up I want the whole payment back. Yet time is running out they'll penalized us again with the unjust rates!

betchay001


Reclusion Perpetua

Go have Attorney-in-fact check unit/site then go to HLURB ASAP.

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