HQP-WLF-026

(Institutional Loan [Unitized])

Republic of the Philippines

Regional Trial Court
OFFICE OF THE PROVINCIAL SHERIFF
«place»1

THE HONORABLE EXECUTIVE JUDGE

Regional Trial Court
«place»1

ATTENTION: THE CLERK OF COURT & EX-OFFICIO SHERIFF

SUBJECT: EXTRA-JUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE

UNDER ACT 3135, AS AMENDED BY ACT 4118

EJF Case No. _____________

GREETINGS:

We deliver to you the photocopies of the Loan and Mortgage Agreement, hereto
attached and marked as Annex “A” dated «lma_date»2, Deed of Assignment between
«developer/organization»3 and «mortgage bank»4, hereto attached and marked as
Annex “B” dated «doa1 date»5, and Membership Occupancy Agreement, hereto
attached and marked as Annex “C” dated «moa_date»6, all executed by
«developer/organization»3, an organization duly registered with «guaranty
institution»7 and existing under and by virtue of the laws of the Republic of the
Philippines, represented by its President «name»8, of legal age, Filipino citizen and with
postal address at «address»9, in favor of Home Development Mutual Fund (otherwise
known as Pag-IBIG Fund), a government financial institution duly organized and existing
under and by virtue of Republic Act No. 9679 with principal office at Petron MegaPlaza,
358 Sen. Gil Puyat Avenue, Makati City, as security for the payment of the «loan
type»10, procured under HDMF’s «loan program»11, for «loan purpose»12 as evidenced
by a Promissory Note hereto attached and marked as Annexes “D”, which mortgage was
assigned in-favor of HDMF (Pag-IBIG Fund) as evidenced by a Deed of Assignment,
hereto attached and marked as Annex “E”, dated «doa2_date»13. For your information,
we would like to state the following facts:

That «developer/organization»3, through its President, «name»8, applied for a

Home Financing Program with the «originator/other GFI if any»14 under the HDMF
(Pag-IBIG Fund) “«loan program»11”, to finance the «loan purpose»12, a project known
as “«project title»15”, located at «property location»16;

That the «originator/other GFI if any»14 through the HDMF (Pag-IBIG Fund)
approved the Home Financing Loan of «name of awardee»17 awardee of
«developer/organization»3, amounting «amt_words»18 (P«amount_numeric_»19),
Philippine Currency;

That to secure the aforesaid HDMF (Pag-IBIG Fund) loan under

«originator/other GFI if any»14, the mortgagor executed Mortgage Agreement, covering
certain properties of «developer/organization»3, as evidenced by its mother title with
TCT No. «tct_no»20 photocopy of which hereto attached and marked as Annex “F”, and
all forming integral part thereof;

That the terms and conditions of the Mortgage Agreement were violated, with the
failure of the Mortgagor despite oral and written demand to pay its outstanding
obligations to the Mortgagee in the total amount of «amt_words»21
(P «amount_numeric_»)22, Philippine Currency, as of «cut_off_date»23. Photocopies
of the Demand Letter and Statement of Account are hereto attached as Annex “G” and
“H”, respectively;

That the mortgaged property is subject to no prior lien or encumbrance

whatsoever and is presently in the possession of the Mortgagor located at
«property_location»16;

(April 2012)
 That by the terms of the Mortgage Agreement, the Mortgagor is indebted to the
(
Mortgagee in the total amount of «amt_words»21 P «amount_numeric_»22), inclusive
of interest and penalty charges as of «cut_off_date»23;

That likewise, in case of foreclosure proceedings, the Mortgagor shall pay the
Mortgagee, attorney’s fees equivalent to twenty five percent (25%) of the total
indebtedness plus the foreclosure expenses;

That attached to this Petition is HDMF (Pag-IBIG Fund) Secretary’s Certificate

authorizing the undersigned Petitioner to sign for and in behalf of the HDMF (Pag-IBIG
Fund). Photocopy of which is attached as Annex “I” and all forming integral part hereof;

IN VIEW OF THE FOREGOING, we respectfully request you to take possession

of the mortgaged property described and identified in the TCT No. «tct_no»20 photocopy
of which is hereto attached as Annex “F” and to sell the same at public auction in
accordance with the provision of Act 3135, as amended, in order to satisfy the above-
mentioned obligation and any other obligations that may become due and demandable
under the foregoing Mortgage Agreement.

EJF-REM (HDMF vs. «developer/organization»3)

x------------------------------------------------------------------x
«place2»1, April 12, 2012.

Home Development Mutual Fund

(Pag-IBIG Fund) Petitioner
By:

«SIGNATORY»24
«Designation/Position»25

V E R I F I C A T I O N / C E R T I F I C A T I O N
O F N O N - F O R U M S H O P P I N G

I, «SIGNATORY»24, of legal age, Filipino, with office address at «address»26,

after having been duly sworn to in accordance with law hereby depose and state, that:

1. I am a «Designation/Position»25 of Home Development Mutual

Fund;

2. I have caused the preparation of the foregoing Petition for Extra-

Judicial Foreclosure of Real Estate Mortgage;

3. I have read the foregoing Petition for Extra-Judicial Foreclosure of

Real Estate Mortgage, the contents of which are true based on my
personal knowledge and authentic records; and

4. I hereby certify that Home Development Mutual Fund has not

commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different
divisions thereof, or any other tribunal or agency, and that to the
best of my knowledge, no such action or proceeding is pending in
the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency; and if I should thereafter
learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals or any other

(April 2012)
 tribunal or agency, I undertake to report the fact within five (5) days
therfrom.

«SIGNATORY»24

SUBSCRIBED and SWORN to before me in the City of <<notarial place>>27 this

<<day>>28 of <<month>>29, <<year>>30 by <<signatory>>24, who has satisfactorily
proven to me his identity through his <<ID name and number>>31 valid until <<ID
expiry date>>32, that he is the same person who personally signed before me the
foregoing verification and acknowledged that he executed the same.

<<name_notary>>33
NOTARY PUBLIC

Doc. No. ____;

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

(April 2012)
STANDARD FIELDS (For Institutional Loans- Unitized, [HQP-WLF-026])

Superscript
Field Description
No.
1 Address of Regional Trial Court (RTC)
2 Loan and Mortgage Agreement (LMA) execution date
3 Developer/Organization
4 Name of Mortgage Bank
5 Deed of Assignment Execution date
6 Membership Occupancy Agreement Execution date
7 Guaranty Institution
8 Developer/Organization’s President Name
9 Developer/Organization’s Office Address
10 Type of Loan
11 HDMF Loan Program
12 Purpose of Loan
13 Deed of Assignment Execution date
Name of Originator/Other Government Financial Institution (e.g.
14
NHMFC)
15 Developer/Organization’s Project Title
16 Location of the Property
17 Name of Awardee
18 Original loan amount (amount in words)
19 Original loan amount (numeric format)
20 TCT No. (mother title)
21 Outstanding Loan Obligation (amount in words)
22 Outstanding Loan Obligation (amount in numeric)
23 Statement of Account date
24 Name of HDMF Authorized Signatory
25 Designation/Position
26 HDMF Authorized Signatory Office Address
27 Notarial Place
28 Day (endorsement to notarial)
29 Month (endorsement to notarial)
30 Year (endorsement to notarial)
31 ID Name and Number
32 ID Expiry Date
33 Name of Notary Public

(April 2012)