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.
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