In the Philippines, foreclosure proceedings are governed by several laws, including Act No. 3135, as amended by Act No. 4118, which specifically covers the foreclosure of real estate mortgages. This legal framework ensures that the rights of both the lender and borrower are protected during the foreclosure process.
Foreclosure starts from the time the lender records a Notice of Default and after 90 days, the Trustee may give Notice of Sale. The Notice of Sale must be given at least 20 days before the date of the sale.
Contact the state's Attorney General to find out if another company is now servicing your mortgage account. Follow the lender's procedure for receiving a release. You may need to submit a written request asking for a release. If the lender is not willing to comply, contact an attorney or legal advisor.
How to discharge a mortgage You complete and submit a mortgage discharge request form to your lender. Your lender will prepare the mortgage discharge form. This document will need to be signed by you and your lender. Your lender typically registers the discharge with the state.
A form of security interest, typically a legal mortgage, taken over tangible movable property (known as chattels).
Deed in Lieu of Foreclosure Potential for Relocation Assistance: Sometimes, lenders may offer relocation assistance or additional time to stay in the home as part of the deal. Faster Resolution: The deed in lieu process is generally quicker than foreclosure, providing faster relief from mortgage obligations.
Loss in Ownership, Title, and Equity: The most obvious drawback of a deed in lieu is the loss of ownership, title, and equity in the property. A borrower will also lose any improvements that were done on the property, rental income, and other profits related to the property.