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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


THIRD JUDICIAL REGION
CABANATUAN CITY

OFFICE OF THE CLERK OF COURT & EX-OFFICIO SHERIFF

FIRST JSN CREDITS INC.


Petitioner-Mortgagee
File No. __________________
versus For : Extra-Judicial Foreclosure Of
Real Estate Mortgage Under
Act No 3135

SPS. ROSENDO DEL ROSARIO JR.


& MARILYN DEL ROSARIO
Mortgagor/s
x-----------------------------------------x

PETITION FOR EXTRA-JUDICIAL FORECLOSURE


OF REAL ESTATE MORTGAGE
THE SHERIFF
Regional Trial Court
Cabanatuan City

Greetings:

We hereby deliver to you as Annex “A” the attached photocopy of the Real Estate
Mortgage dated August 15, 2014, which was executed by Sps. Rosendo Del Rosario & Marilyn
Del Rosario, both Filipino citizens, of legal ages, and residents of _, San Anton, San Leonardo,
Nueva Ecija, in favor of First JSN Credits Inc. a Corporation duly organize and existing under
and by virtue of the Philippine laws with the principal and branch office at JSN Bldg., Paco
Roman Street, Dimasalang,Cabanatuan City,as MORTAGEES, over parcels of land, together
with all the improvements existing thereon, more particularly described as follows:

TRANSFER CERTIFICATE OF TITLE NO. NT-311387

A Parcel of land (Lot No.___________, Pls-800, situated in the Barrio of Natid-asan,


Municipality ofMalaybalay, Province of Bukidnon, Island of Mindanao. Bounded on the N., along
lines 1-2-, byLots 2156 and Lots 2157; On the E., along line 304, by Lot 2159; on the S., along
line 4-5, byReforestation Administration; and on the W., along line 5-1, by Lot 2155, all of Pls-
800,containing an area of FIVE HUNDRED SIXTY SEVEN (567) SQUARE METERS, more or
less, registered in the name of Mortgagors and declared for Taxation purposes underTax
Declaration No. E-038642 including its existing and future improvements found and may be
introduced thereon;

To secure the payment of the indebtedness and/or obligation/s of the MORTGAGOR/S.


We hereby request you to foreclose the said Real Estate Mortgage [Annex “A”] hereof,and in
support thereof, we state the following;

1.The terms and conditions of Real Estate Mortgage [Annex “A”] has never been changed
or modified, whether tacitly or expressly, by any agreement made after the execution thereof;

2.The principal obligation secured by said mortgage which has become overdue as of
_______________ has remained unpaid up to the present despite repeated demands in
violation of the terms of the mortgage deed;

3.The Mortgagors have not executed a second or subsequent mortgage over the mortgaged
property and the improvement thereon with the knowledge and consent of the Mortgagee;

4. To the best of our knowledge, the Mortgaged property is subject to no prior mortgage or
any lien whatsoever, and is now in the possession and full control of the above-named
Mortgagor;

5.Under the terms and conditions of the Real Estate Mortgage, the Mortgagee is entitled to
extra judicially foreclose the mortgaged property.

6.By the terms and conditions of the Real Estate Mortgage referred to above, the principal
obligation of the Mortgagor which has become overdue as of _____________________ is in
the amount of ________________________ PESOS ONLY (P
________________), inclusive of past due interest, penalty charge and

service charge but exclusive of Attorney’s Fee representing 10% of the total obligation

due, other charges and expenses of foreclosure.

Also enclosed and made integral parts of this petition are:

a)Promissory Note as Annex“B”

b)Demand Letter dated ___________ as Annex“C”

c)Statement of Account as Annex “D”

d)Copy of Transfer Certificate of Title No. NT-311387, as Annex “E”

Wherefore, we hereby request that you sell at public auction the above-
mentioned Real Property together with all the improvements thereon, describe in the Real
Estate Mortgage [Annex “A” hereof] in accordance with law, particularly the provision of Act
No. 3135, as amended. Please furnish us and the Mortgagor/s with copies of your Notice of
Sale at least fifteen (15) days before the date of sale.
Very truly yours, ________________________

Manager of Company

VERIFICATION/ CERTIFICATION

Republic of the Philippines )

Cabanatuan City………………….. )S.S.

I, __________________ ,of legal age, under oath, depose and state that:

I am the Branch Manager of __________________. The ,petitioner-mortgagee in this


petition ;

2.)I caused the preparation and filling of the foregoing petition, and read and understood
the same;

3.) All the allegations therein contained are true and correct of my own knowledge and/
orbased on authentic records of this petition.

4.)I hereby certify that I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or different Division thereof, or
before any other tribunal or agency, and to the best of my knowledge, no such action or
proceeding is pending in the Supreme Court, the Court Of Appeals or any Division thereof
before any other tribunal or agency.

5.)If I should learn that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to the Court or agency wherein the original
pleading and sworn certification has been filed.

Affiant

SUBSCRIBE AND SWORN TO BEFORE ME THIS _____________

affiant exhibiting to me her competent evidence of identity with Valid I.D


no. ___________ issued by ___________________ ..

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