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Hi Atty,
Greetings!
My wife received a notice from the office of the city prosecutor last week for the Estafa case filed by the vendee who assumed the vehicle she sold last year. But beforehand, there were document made the "Deed of Sale" but latter it was amended to the Deed of Confirmation of Sale with Assumption of Mortgage upon suggestion of the vendee. However, vendee refused to return the previous document for the reason it was lost and/or misplaced and instead he told my wife not to mind it.
Further, he never gave also a copy of the amended document after he signed it.
To make the story short, they continued their transaction and the said vendee issued a check amounting to 150k as 50% refund of my wife’s downpayment from the dealer. Another check prepared by the vendee amounting to 650k to be paid to the financing company as my wife’s remaining obligation. My wife trusted him so much for his word that he will be taking care the deposit of the said check to the account given by the financing company. One month later, my wife got a phone call from the vendee that the car was foreclosed by the financing company.
Our problem comes very disgusted; the vendee filed already a cased to the prosecutor's office for the Estafa and claiming back the amount of 800k as damages using the 1st document "Deed of Sale" which should not be while there were another document.
In this regard, do my wife proven guilt when she prosecuted if she can't provide a copy of the amendment Deed of Sale? Please help me and share your free legal opinion for our relief of this hassles problem tackled now.
Thank you and waiting for your soonest response.
Mel Jackson
Greetings!
My wife received a notice from the office of the city prosecutor last week for the Estafa case filed by the vendee who assumed the vehicle she sold last year. But beforehand, there were document made the "Deed of Sale" but latter it was amended to the Deed of Confirmation of Sale with Assumption of Mortgage upon suggestion of the vendee. However, vendee refused to return the previous document for the reason it was lost and/or misplaced and instead he told my wife not to mind it.
Further, he never gave also a copy of the amended document after he signed it.
To make the story short, they continued their transaction and the said vendee issued a check amounting to 150k as 50% refund of my wife’s downpayment from the dealer. Another check prepared by the vendee amounting to 650k to be paid to the financing company as my wife’s remaining obligation. My wife trusted him so much for his word that he will be taking care the deposit of the said check to the account given by the financing company. One month later, my wife got a phone call from the vendee that the car was foreclosed by the financing company.
Our problem comes very disgusted; the vendee filed already a cased to the prosecutor's office for the Estafa and claiming back the amount of 800k as damages using the 1st document "Deed of Sale" which should not be while there were another document.
In this regard, do my wife proven guilt when she prosecuted if she can't provide a copy of the amendment Deed of Sale? Please help me and share your free legal opinion for our relief of this hassles problem tackled now.
Thank you and waiting for your soonest response.
Mel Jackson
