Petition Sample

Topics: Bulacan, Quezon City, Mortgage Pages: 3 (606 words) Published: June 18, 2013
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT OF BULACAN
THIRD JUDICIAL REGION
MALOLOS CITY - BRANCH 79

PONCIANO J. ALFONSO,
Petitioner/Mortgagee

EJF No: ___________
-vs-Extra-Judicial Foreclosure of Real
Estate Mortgage under Act No.
3135, as amended
JULIET CRUZ,
Mortgagor.
x------------------------------------x

PETITION

PETITIONER, through counsel, and unto this Honorable Court respectfully alleges that:

1. Petitioner-mortgagee is PONCIANO DE JESUS ALFONSO, married, Filipino, and a resident of 159 11th Avenue (East) Grace Park, Caloocan City;

2. Mortgagor JULIETA CRUZ is a widow and a resident of Barangay Nicolas, Hagonoy, Bulacan where she maybe served with summons and other court processes;

3. On March 7, 2008, mortgagor executed a real estate mortgage to secure the payment of a Deed of Conditional Sale dated November 13, 2002 in the amount of PhP425,000.00. Photocopy of the Deed of Conditional Sale is hereto attached and made as an integral part hereof as Annex “__”;

4. The real estate mortgage contract became overdue as of June 2008 with the obligor liable for the amount of Two Hundred Fifty Thousand Pesos (Php 250,000.00) excluding penalties, liquidated damages, past interest due, attorney’s fees representing 25% of the total obligation and expenses of foreclosure. Photocopy of the Real Estate Mortgage contract is hereto attached and made as an integral part hereof as Annex “__”;

5. Notwithstanding repeated demands, mortgagor failed and/or refused to pay her mortgage obligations and all interests and penalty due thereon up to the present time. Photocopy of the last Demand Letter is hereto attached and made as an integral part hereof as Annex “__”;

6. The mortgagee has not, expressly or impliedly, varied the terms and conditions of the original contract nor postponed its fulfillment; nor has said mortgagee consented or known any second or subsequent mortgagee of the...
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