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Draft Foreclosure

Forclosure

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12 views

Draft Foreclosure

Forclosure

Uploaded by

voodoy huwes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
5th Judicial Region]
Branch ___
Legazpi City

MARY JOY B. LERON,


Plaintiff,

-versus- Civil Case No._____


For: Collection of Sum of
Money and with
Damages

SPOUSES BALTAZAR I. FERNANDEZ


and ROSALINDA L. FERNANDEZ,
Defendants.
x-----------------------------------------------x

COMPLAINT

Plaintiff, by counsel, respectfully states:

1. Plaintiff, MARY JOY B. LERON, is of legal age, Filipino,


single, and a resident of Busay, Daraga, Albay. She may be served with notice
and other processes of the Honorable Court through his counsel at the
following office address:

BARANDA AND ASSOCIATES


2/F ABC Building, Rizal Street, Old Albay District, Legazpi City
Email: [email protected]/;

2. Defendants, SPOUSES BALTAZAR I. FERNANDEZ and


ROSALINDA L. FERNANDEZ, are both of legal age, Filipino, and residents
of Purok 6, Upper Malabog, Daraga, Albay, where they may be served with
summons and other processes of the Honorable Court;

Cause of Action

3. On April 23, 2024, Defendants executed a Deed of Real Estate


Mortgage in favor of Plaintiff, wherein they mortgaged a parcel of land
covered by Tax Declaration No. 02-041-0427, described as Lot No. 6362-B,
situated in Pandan, Daraga, Albay, containing an area of 5,671.50 square
meters, as security for a loan in the amount of Php 776,000.00, with an

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interest rate of 10% per month. A copy of the Deed of Real Estate Mortgage is
hereto attached as ANNEX “A”;

4. The mortgage contract stipulated that the loan would be payable


within a period of three (3) months, with a one-month grace period, or until
August 23, 2024. Despite a formal demand letter addressed to CHRISTIAN
L. FERNANDEZ sent through LBC courier dated October 21, 2024, which
was duly received as evidenced by the registry return receipt, Defendants
have failed to pay the loan amount, including the accrued interest, within the
stipulated period. Copies of the demand letter and the proof of receipt are
attached as ANNEXES “B” and “C”, respectively;

5. Deed of Absolute Sale proving the Defendants’ ownership of


the property is attached as ANNEX “D”;

6. In light of Defendants’ failure to fulfill their obligation, Plaintiff


opted to initiate this action collection of sum of money. The total obligation,
including the principal and accumulated interest, as of the date of filing this
complaint, is Php 776,000.00, with an interest rate of 10% per month
exclusive of damages and attorney’s fees;

8. Further, plaintiff was constrained to hire the services of a


lawyer to pursue this action, incurring legal fees amounting to One Hundred
Thousand Pesos (Php 100,000.00) as an acceptance fee and Four Thousand
Pesos (Php 4,000.00) for each appearance in court;

9. Plaintiff will present herself as a witness to substantiate the


allegations against defendants through his judicial affidavit, a copy of which
is attached as ANNEX “E”. The documentary evidence to be presented and
identified by the plaintiff are the following:

Document Purpose
Copy of the Deed of Real Estate To prove that plaintiff and defendant
Mortgage - Annex “A”; entered in to a contract of mortgage
Copy of the Demand Letter -Annex To prove that plaintiff formally
“B” demanded payment from the
defendants through a demand letter
Copy of the proof of Receipt -Annex To prove receipt of the defendant of
“C” the demand letter
Copy of a Deed of Absolute Sale To prove ownership and identity of
ANNEX “D” the subject lot

PRAYER

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WHEREFORE, Plaintiff prays that judgment be rendered:

a. Ordering the foreclosure of the defendants to pay the plaintiff


the amount of Php 776,000.00, with an interest rate of 10% per month;

b. Ordering Defendants to pay the costs of the suit, attorney’s fees,


and such other relief as may be just and equitable under the premises.

Legazpi City , Philippines, this ___ day of __________, 2024.

Respectfully submitted.

BARANDA AND ASSOCIATES


2/F ABC Building, Rizal Street, Old Albay District, Legazpi City
Email: [email protected]/

By:

ATTY OSCAR T. CADAG


UNTIL DECEMBER 2024
PTR No. 63066 dtd 01-16-2024
IBP No. 186187 dtd.01-1-2024
Roll No. 30515 dtd 05-10-80
MCLE Compliance No. VIII-007366
Valid Until 04-14-2028

VERIFICATION AND CERTIFICATION


AGAINST FORUM SHOPPING

I, Mary Joy Leron, under oath, hereby depose and state that: the
allegations in the pleading are true and correct based on my personal
knowledge or based on authentic documents; the pleading is not filed to
harass, cause unnecessary delay, or needlessly increase the cost of litigation;
and the factual allegations therein have evidentiary support or, if specifically,
so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery.

I further certify that I have not theretofore commenced any action or


filed any claim involving the same issues in any court, tribunal or quasi–
judicial agency and, to the best of my knowledge, no such other action or
claim is pending therein and if I should thereafter learn that same or similar

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action or claim has been filed or is pending, I shall report that fact within five
(5) calendar days therefrom to the court wherein the aforesaid complaint has
been filed.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


___ day of __________, 2024, at ______________.

MARY JOY B. LERON


Plaintiff

SUBSCRIBED AND SWORN to before me this ___ day of


__________, 2024, at ______________, affiant exhibiting to me her
competent evidence of identity, [ID details].

Notary Public

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