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Last edited by Lunkan on Tue Jul 12, 2016 9:11 pm; edited 1 time in total
Lunkan wrote:Why do you ask? It's THEIR problem, because they have done wrong.
Or do you ask because your wife is angry at you?
Your wife can sue them if she want to,
BUT no point doing it, IF your family will not get any more anyway, which I suppouse it is.
If you haven't paid the monthly payments in time, the loan company have right to foreclose the car after a while and sell it anyway.
Lunkan wrote:???
"they were able to selll the car using my signature only and they forged my wifes signature"
"advised us that the Fortuner will be up for sale if the monthly payment of 34K is paid."
These two don'r suit together, if you don't mean the second happened first. Did it?
The first WOULD be a crime IF it happen with forged signature,
but according to your second post it WILL be sold if the loan isn't paid. Of course it will. You signed documents when you pawned it, which give them RIGHT to sell it if the loan isn't paid.
"he gave me a land title worth 2.4M and a check made out to cash for 300K "
"Basically we're screwed. I trusted them 100% by good faith in helping him. All he does is updates us with text every week regarding he will pay. It's been 10 months now and my question is: Can I file a Estaffa case to the President and the Director?"
Well. It's a kind of fraudelent behavior to lie like that, but if that would give jail time the jails would be busted
What did he sign, when you gave the loan?
Has he signed a loan document with the land as collateral? If so, I would FORECLOSE that property. Then you can get your money that way. At least the 317k is an easy wonn case (if the documents are corect) Some harder to get the loss at the Fortuner, but of course you claim that difference between the value and 317k too. Ask interest too. I don't know if it's allowed to get anything for the inconvinience in the Philippines.
A fraud case is much harder to winn. it's much harder to prove. By this he can end up in jail, but foreclosure process give you your money back.
If no one give a high bid when the foreclosed property is sold, then you can get it cheap and get a 2.4 mill property for a couple of houndred k, which you pay mainly to yourself
But note the old owner can buy it back within a year from it's sold.
Perhaps worth checking if that 1 year buy back law goes for your car too. I don't know if it's only for real estate.
I suppouse you signed something at the pawn shop.RippedOff wrote:we only received a landtitle not under his name someone elses name plus the check is Paid To Cash for 300K which was expired March of 2016 . he kept on sending us TEXTS regarding the check not to cash it and wait and wait there's no money in the band per said. We didn't sign anything nor he did.... we're basically new to this deal so everything was verbal and fast talk and pawing the car right away because he didn't want to bounce his check. Basically we saved his AXX so his check wouldn't bounce and this is what we get .... A landtitle under a lady's name, and a Paper Check worthless now.
Lunkan wrote:I suppouse you signed something at the pawn shop.RippedOff wrote:we only received a landtitle not under his name someone elses name plus the check is Paid To Cash for 300K which was expired March of 2016 . he kept on sending us TEXTS regarding the check not to cash it and wait and wait there's no money in the band per said. We didn't sign anything nor he did.... we're basically new to this deal so everything was verbal and fast talk and pawing the car right away because he didn't want to bounce his check. Basically we saved his AXX so his check wouldn't bounce and this is what we get .... A landtitle under a lady's name, and a Paper Check worthless now.
Oh he didn't sign anything and the title was in someone else's name. Then it isn't as easy as a Foreclosure procedure.
1. In the Philippines it isn't a crime to predate checks (as it is in many countries) but it's a crime to not have money at it acount at the written date.
TELL him you will file a case concerning that if you don't get pay before the X dare. (For instance 2 weeks ahead so he get chance to find money.) If he don't pay, then you go to court.
2. PERHAPS worth checking the property. Perhaps he is owner but haven't transfered the title to his name. IF so there is some chance you can get it, but it's much harder than a Foreclosure procedure because it need the extra step to proove it's his.
Lunkan wrote:To add chance you don't need to go to court - TELL them in that demand you will file a criminal case if they don't pay before this deadline.
But don't tell it as a threat, tell it as a fact
Concerning the property you can check if the Register have any notes at the title
and try to reach the person at the title to get info who is owner and ask how come the boss had the title. IF it's sold to him, you can perhaps get it foreclosed.
RippedOff wrote:he mentioned something about foreclosing it. I'll copy paste his text. But then again he could just say that just to get away of his obligation since the land title isn't under his name and still under the same owner. He mentioned to me that he lent money to a friend another business woman I believe more or less 300K pesos, so in return she gave the land title to him and a paid out to CASH check of 300K for collateral. Now in returned he did that with me to cover one of his bounced check. So now i'm the 1st her she got it from the owner probably trying to sell it or use it to get a loan, 2nd gave it to him for collateral and now to me. Gee's ... it's like the owner of the Land title has no clue what's going on with her land. I'm trying to find her actually on Facebook. I found the person that went to the Registered Deeds in Cavite but she hasn't responded. I'm still awaiting her response but then again she could work for the 1st lady that initially had it. Then they could file a lost Land Title and then i'll be more screwed. LOL I'm sorry but the way how everything works in the Philippines is so complicated and just too many regulated procedures compared to states it's so easy, quick and fast. Thank you for your advise i'll keep that in mind. As for the middle guy that went with me, he's a no show at the Baranggay. He refuses to attend any hearings. He's wanting to talk to me privately and not through the Baranggay. But talking isn't going to get anywhere when it comes to 800K in value owed by these crooks.Lunkan wrote:To add chance you don't need to go to court - TELL them in that demand you will file a criminal case if they don't pay before this deadline.
But don't tell it as a threat, tell it as a fact
Concerning the property you can check if the Register have any notes at the title
and try to reach the person at the title to get info who is owner and ask how come the boss had the title. IF it's sold to him, you can perhaps get it foreclosed.
Yes big chance he told truth about how he got the title, because such is common.RippedOff wrote:he mentioned something about foreclosing it. I'll copy paste his text. But then again he could just say that just to get away of his obligation since the land title isn't under his name and still under the same owner. He mentioned to me that he lent money to a friend another business woman I believe more or less 300K pesos, so in return she gave the land title to him and a paid out to CASH check of 300K for collateral. Now in returned he did that with me to cover one of his bounced check. So now i'm the 1st her she got it from the owner probably trying to sell it or use it to get a loan, 2nd gave it to him for collateral and now to me. Gee's ... it's like the owner of the Land title has no clue what's going on with her land. I'm trying to find her actually on Facebook. I found the person that went to the Registered Deeds in Cavite but she hasn't responded. I'm still awaiting her response but then again she could work for the 1st lady that initially had it. Then they could file a lost Land Title and then i'll be more screwed. LOL I'm sorry but the way how everything works in the Philippines is so complicated and just too many regulated procedures compared to states it's so easy, quick and fast. Thank you for your advise i'll keep that in mind. As for the middle guy that went with me, he's a no show at the Baranggay. He refuses to attend any hearings. He's wanting to talk to me privately and not through the Baranggay. But talking isn't going to get anywhere when it comes to 800K in value owed by these crooks.
Free Legal Advice Philippines » FREE LEGAL ADVICE » PROPERTY » Pawn Car and They Sold It with one signature and forged the 2nd signature
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