Petition For Extra Judicial Foreclosure of Real Estate Mortgage Under Act 3135 As Amended

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The City/Provincial Sheriff

City/Province of
_____________, Philippines
S I R:

GREETINGS:

Mortgagee _____________, of legal age, Filipino, (single / married / widow), and


a resident of _____________, Philippines, most respectfully alleges:
1. That on _____________, __Name of Mortgagor-Debtor__, of legal age,
Filipino, (single / married / widow), and a resident of _____________,
Philippines, executed a Real Estate Mortgage in my favor mortgaging said
property described in the Real Estate Mortgage Contract hereto attached as
Annex “A” and forming an integral part hereof; to secure the payment of loan in
the amount which is shown in the promissory note executed by said Mortgagor-
Debtor dated _____________, a copy of which is hereto attached as Annex “B”
2. That to the best of my 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-Debtor;
3.That the Mortgagor-Debtor defaulted in its obligation under the aforementioned
Real Estate Mortgage Contract and Promissory Note;
4.That under the terms and conditions of the Real Estate Mortgage Contract,
the Mortgagee is entitled to foreclose extra-judicially the mortgaged property,
which is more particularly described as follows:
(Technical Description of Property)
4.That by the terms and conditions of the Real Estate Mortgage Contract herein-
above referred to, the principal obligation of the Mortgagor which has become
overdue as of _____________ is in the
amount of __________________________ (P___________), excluding
penalties, liquidated damages, past due interest, attorney’s fee representing
______% of the total obligation due, other charges and expenses of foreclosure.
WHEREFORE, I respectfully request you to take possession of the property
described in the aforementioned Real Estate Mortgage and sell the same at
Public Auction in accordance with the provisions of Act 3135 as amended.
Please furnish the undersigned and the Mortgagor-Debtor with
copies of your notice of Sale at least ten (10) days before the sale.
_____________, Philippines, __Date__.

MORTGAGEE
(VERIFICATION)

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