PAGBAWI NG NASANGLANG LUPA

By | November 12, 2021

Q. Atty. Good day po. Hinge po sna aq ng tulong pra mabawi ang na forclosed n property ng  lola at lolo q.ang title ay nsa bsp n po.sabi expired na ren dw po ung 1 yr redemption n wla nmm  po kmi alam tungkol doon. At wla po kmi natangap n redemption leter s kanila.24 hectars po  lhat ito at msa provins po ang nsabing lupa.my pag asa pa poba n mabawi ang title.slamat po and  god bless attorney.. 

ANS: Base sa kwento mo at kahit tapos na ung 1 year redemption period , pero kung wala pa  ring certificate of FINAL sale sa ginawang auction sale  na galing sa Sheriff at ang pag pa rehistro  nito sa Register of Deeds(RD) ay mayroong 1 year na redemption period ang pinagkaloob sa  may-ari na matubos ito kung ang naging pagremata ay through Extrajudicial Foreclosure. 

Take note further na hindi required na mabigyan kayo  personal notice, sapat na nagkaroon ng  notice of publication hinggil sa nasabing sales auction, ayon sa Korte Suprema,” An extrajudicial  foreclosure sale is an action in rem and thus requires only notice by publication and posting to bind  

the parties in the foreclosed property. No personal notice is necessary.( Langkaan Realty Dev’t,  Supra; Bohanan v CA, supra; Fortune Motors, 265 SCRA 72)] .  

For you further reference kindly take note that the Period of Redemption of property sold in  extrajudicial foreclosure of mortgage is One (1) year from the registration of the Sheriff’s Certificate  of Foreclosure Sale with the register of deeds. ( Bernardez v. Reyes,201 SCRA 648; Section 6, Act  3135, as amended.   

Xxxx xxx 

Learning is empowerment. For more information follow the Batas Pinoy Global in  the YouTube.com Batas Pinoy Channel. kindly click the subscribed, sharelike buttons and tap the notification bell, for future video updates. 

Disclaimer: Batas Pinoy Global Community(BPGC). Not Legal opinion: 

Material placed on this corner is for the purpose of providing information only. Any communication from this  corner does not create lawyer-client relationship of whatever nature and for whatever purpose. It is not  intended as practice of law or legal services. Although the writer believes this information to be accurate at  the time it is first provided or as relayed by the person asking or soliciting the information from the writer. 

Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer. 

 This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of  the information provided in this writing. The contents provided by Batas Pinoy Global Community(BPGC) are not meant as substitute for legal opinion. Always consult your lawyer or other legal professionals for legal advice as regards the emailed or forwarded queries and the corresponding information furnished or as  viewed by BPGC.  

Readers who may have legal concerns affecting their persons, property, rights, title and related interest  concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino  in plain, concise and orderly presentation of facts, (as no follow-up or clarification of queries will be  entertained to give way to others in the queue ) in order to avoid vagueness and mis-appreciation of the  facts of your stories. For appropriate information write to: bataspinoychannel@gmail.com , reply to the  queries is based on best effort basis due to the large volume of queries from kababayans all over world 

WARNING: This communication is intended for use by the individual(s) to whom it is specifically  addressed and should not be read by, or delivered to, any other person. Such communication may contain  privileged or confidential information. If you have received this communication in error, please notify the  sender and delete this e-mail message immediately. Thank you for your cooperation.  * * *