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APPLICATION FOR EXTRA-JUDICIAL

FORECLOSURE OF MORTGAGE

To : The Executive Judge


Regional Trial Court
Malolos, Bulacan

Attention: THE CLERK OF COURT / EX-OFFICIO SHERIFF


RTC, Malolos, Bulacan

Gentlemen:

This is a Petition for Extra-Judicial Foreclosure of Real Estate Mortgage


under Act No. 3135, as amended, filed by the Small Business Guarantee and
Finance Corporation (SBGFC for brevity), a government-owned or controlled
corporation with principal offices at 17th & 18th Floors, 139 Corporate Center,
139 Valero Street, Salcedo Village, Makati City. The herein petition is for the
satisfaction of the obligation of Central Luzon Telecoms Services/Sps. Carlito &
Elena Mendoza with residence and postal address at 116 Binang I Bocaue
Bulacan.

On September 03, 2004, Central Luzon Telecoms & Communication


Services/Sps. Carlito & Elena Mendoza (“the Borrower/Mortgagor”) obtained a
loan from SBGFC in the total amount of PESOS: FIVE HUNDRED
THOUSAND (P500,000.00) evidenced by a Promissory Note (a copy of which is
herein attached as Annex “A”) which loan was secured by a Real Estate
Mortgage executed by Sps. Carlito & Elena Mendoza, hereinafter referred to as
the MORTGAGOR, over a parcel of land covered by Tax Declaration No. 2003-
06-000000228 now covered by a revised Tax Declaration No. 2006-04006-00229
situated in Biñang I, Municipality of Bocaue, Bulacan (copy of the Real Estate
Mortgage and Tax Declaration No. 2003-06-000000228 and Tax Declaration No.
2006-04006-00229 are herein attached as Annexes “B” ,“C”, and “D”
respectively).

The Borrower/Mortgagor failed to pay SBGFC the aforesaid loan on its


due date notwithstanding repeated demands for payment, thereby violating the
terms and conditions of the aforesaid Real Estate Mortgage, as well as the
Promissory Note. In view thereof, SBGFC has the right to foreclose the mortgage
conformably with the terms of the credit documents executed in its favor. As a
final step before the filing of this instant Petition, the Mortgagee sent to the
Borrower demand letters, copies of which are attached hereto as Annexes “E”
and “F” and made an integral part hereof. Said demand letters was ignored by
the Borrower/Mortgagor.

As of January 31, 2009, the total outstanding obligation of the


Borrower/Mortgagor is PESOS: NINE HUNDRED SEVENTY NINE
THOUSAND SIX HUNDRED SIXTEEN PESOS & 18/100 (P979,616.18)
representing unpaid principal amount, inclusive of interests, penalty and other
charges, in addition to the costs of sale as agreed upon by the parties as shown in
the Statement of Account, a copy of the said Statement of Account is hereto
attached as Annex “G” and made an integral part hereof.

IN VIEW THEREOF, we request you to take possession of and sell the


property described in the mortgage contract, in accordance with the provisions
of Act No. 3135, as amended to satisfy the outstanding obligation
of the Mortgagors/Borrowers in the amount of P979,616.18 as of January
31, 2009 including interests, penalties and other charges on the principal amount
up to the date of sale; foreclosure expenses; and the amount of your fees. Please
cause the posting of the Notice of Sale in accordance with Administrative
Circular No. 14 dated May 24, 1984 of the Supreme Court and notify us of the
date and place of sale of the properties as well as all proceedings you may take in
the premises.

SMALL BUSINESS GUARANTEE


AND FINANCE CORPORATION
Mortgagee

By:
RICHARD B. DASAL
Counsel for SBGFC
18th Floor, 139 Corporate Center
139 Valero St., Salcedo Village, Makati City
IBP No. 777736/1/23/2009/Capiz
PTR No. 1596217/1-26-09/Makati City
Roll No. 33576

REPUBLIC OF THE PHILIPPINES)


Makati City ) S.S

VERIFICATION AND CERTIFICATION

I, BENEL P. LAGUA, of legal age, Filipino with office address at SBGFC,


18th Floor 139 Corporate Centre, 139 Valero St., Salcedo St., Village, Makati City,
after being duly sworn to in accordance with law, hereby depose and say that:

1. I am the President and COO of SBGFC, petitioner in the above-entitled case;


2. I have caused the preparation of the foregoing petition for and in
behalf of said corporation;
3. I have read the allegations therein and the same are true and correct of my
own personal knowledge and based on records available;
4. No similar action or proceeding involving the same issues has been commenced in
or pending before the Supreme Court, Court of Appeals or any tribunal or agency;
5. Should I learn thereafter that a similar action or proceedings has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report the fact within five (5) days therefrom to this court.

IN WITNESS WHEREOF, I hereunto affixed my signature this ____day of


_____________ 2009 at Makati City, Metro Manila.

BENEL P. LAGUA
Affiant

SUBSCRIBED AND SWORN to before me this___day of ___________2009


at Makati City, affiant exhibiting his Driver’s License No. N05-77-019606 with an
expiration date on 06 July 2010.
Notary Public

Doc. No.____;
Page No.____;
Book No.____;
Series of 2009

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