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    Writ of Possession Sample

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    Francis Xavier Sinon
    1. The petitioner, a corporation, is filing an ex-parte motion for a writ of possession over a parcel of land after winning it in a public auction foreclosure sale. 2. The land was used as collateral for a loan to spouses that was not paid back, forcing the foreclosure and auction where the petitioner purchased the property. 3. The redemption period has expired and the petitioner is now entitled to possession under the rules of civil procedure, but the original owners refuse to vacate. 4. The petitioner requests the court issue a writ of possession to grant them control over the property.

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    © All Rights Reserved
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    Writ of Possession Sample

    Uploaded by

    Francis Xavier Sinon
    7K views3 pages
    1. The petitioner, a corporation, is filing an ex-parte motion for a writ of possession over a parcel of land after winning it in a public auction foreclosure sale. 2. The land was used as collateral for a loan to spouses that was not paid back, forcing the foreclosure and auction where the petitioner purchased the property. 3. The redemption period has expired and the petitioner is now entitled to possession under the rules of civil procedure, but the original owners refuse to vacate. 4. The petitioner requests the court issue a writ of possession to grant them control over the property.

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    WRIT OF POSSESSION SAMPLE.doc

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    1. The petitioner, a corporation, is filing an ex-parte motion for a writ of possession over a parcel of land after winning it in a public auction foreclosure sale. 2. The land was used as collateral for a loan to spouses that was not paid back, forcing the foreclosure and auction where the petitioner purchased the property. 3. The redemption period has expired and the petitioner is now entitled to possession under the rules of civil procedure, but the original owners refuse to vacate. 4. The petitioner requests the court issue a writ of possession to grant them control over the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    7K views3 pages

    Writ of Possession Sample

    Uploaded by

    Francis Xavier Sinon
    1. The petitioner, a corporation, is filing an ex-parte motion for a writ of possession over a parcel of land after winning it in a public auction foreclosure sale. 2. The land was used as collateral for a loan to spouses that was not paid back, forcing the foreclosure and auction where the petitioner purchased the property. 3. The redemption period has expired and the petitioner is now entitled to possession under the rules of civil procedure, but the original owners refuse to vacate. 4. The petitioner requests the court issue a writ of possession to grant them control over the property.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    Ninth Judicial Region
    Zamboanga City
    Branch ___

    RE: Motion for issuance of a writ of SP. PROC. NO. ___________


    possession of parcel of land purchased
    in public auction sale, in favor of
    winning bidder,
    Lot No. _________ of subd. plan, Psd-
    _________, being a portion of Lot 923-
    A-5-B, (LRC) Psd-142473
    xxx
    Petitioner,

    x---------------------------x

    EX-PARTE MOTION FOR ISSUANCE OF A WRIT OF


    POSSESSION AFTER FINALITY OF PUBLIC AUCTION
    SALE

    COMES NOW, PETITIONER, through counsel, unto this Honorable Court


    most respectfully allege:

    1. That it is a corporation duly organized and existing under and by virtue of the
    laws of the Republic of the Philippines, with full power to sue and be sued,
    previously known as the XXX Pawnbroker and Lending Investor, with
    principal office and place of business at XXX, XXX City, herein represented
    by XXX, per Board Resolution No. XXX,. Series of XXX, machine copy of
    which is hereto attached as Annex “A” and made an integral part hereof;

    2. That in the course of its business, it did business with spouses XXX and XXX,
    both of legal ages, Filipino citizens, with residence in XXX City, who applied
    for a loan, offering as collateral a house and lot which they owned and
    occupied by them;

    3. That the parcel of land was identified as Lot No. XXX of the subdivision plan,
    Psd-XXX, being a portion of Lot XXX, (LRC) Psd-XXX, situated in Tetuan,
    Zamboanga City, covered by TCT No. XXX of the land registry of the City of
    Zamboanga, issued in their names;

    4. That the loan was granted, secured by a real estate mortgage in favor of herein
    petitioner;

    5. That the loan having matured and remained unsatisfied for some time, the real
    mortgage on the parcel of land was foreclosed, through the Office of the Ex-
    Officio Sheriff, RTC of XXX City, and during the public auction the parcel of
    land was awarded to the highest bidder, the mortgagee;

    1
    6. That after the period of legal redemption expired and the registered owners still
    failed to redeem the property, the Ex-Officio Sheriff executed in favor of the
    successful purchaser in the public auction the Final Sheriff’s Certificate of
    Sale on (MONTH DATE YEAR); machine copy of the said certificate is hereto
    attached as Annex “B” and made an integral part thereof;

    7. That with the Sheriff’s Final Certificate of Sale, the title to the property was
    thus transferred in the name of XXX Pawnbroker Lending Investor, now the
    ZZZ Lending Corporation for which was issued TCT No. XXX of the land
    registry of the City of XXX; machine copy of said title is hereto attached as
    Annex “C” and also made an integral part hereof;

    8. That movant then demanded that spouses XXX and XXX vacate the premises
    and turn over possession thereof to the former, but the latter, for no valid
    reason or justification, refused to do so;

    9. That movant, as the successful bidder in the public auction, and the period of
    redemption having expired without any legal redemption having been
    exercised, is now entitled to be granted possession of the property bought in
    public auction, per provision of the second paragraph of Section 3, Rule 68 of
    the Rules of Court which provides:

    “Upon the finality of the order of confirmation or upon the


    expiration of the period of redemption when allowed by law, the
    purchaser at the auction sale or last redemptioner, if any, shall be
    entitled to the possession of the property unless a third part is
    actually holding the same adversely to the judgment obligor. The
    said purchaser or last redemptioner may secure a writ of
    possession, upon motion, from the court which ordered the
    foreclosure.” (underscoring supplied)

    10. That the writ of possession should be issued in favor of movant and against
    any and all persons claiming any right to the property derived from the
    registered owner.

    WHEREFORE, it is most respectfully prayed of this Honorable Court that a


    writ of possession over the parcel of land now covered by TCT No. XXX of the land
    registry of Zamboanga City, be issued in favor of movant and against any and all
    persons possessing the property adverse to it..

    Zamboanga City, Philippines, (DATE MONTH YEAR).

    XXX
    ADDRESS
    IBP OR ________
    PTR ____________
    IBP Roll No. ____________
    MCLE CC _____________

    2
    Verification and Certification

    I, XXX, under oath depose and say:

    That I am the representative of the movant corporation in the above-entitled


    motion;

    That I have caused the preparation of the foregoing motion by our counsel;

    That I have read and understood all the contents thereof, and all allegations
    therein are true and correct of my own knowledge or based on authentic documents.

    That I have not heretofore commenced any action or proceedings involving the
    same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency;
    that to the best of my knowledge, no such action or proceedings has been filed or is
    pending in the Supreme Court, Court of Appeals, or any other tribunal or agency; that
    if I should hereafter learn that a similar action or proceedings has been filed or is
    pending before the Supreme Court, Court of Appeals, or any other tribunal or agency, I
    shall undertake to report said fact within five (5) days therefrom unto this Honorable
    Court.

    XXX
    Affiant

    SUBSCRIBED AND SWORN TO before me this DATE MONTH YEAR, at


    XXX City, Philippines, affiant having exhibited to me
    ___________________________.

    Doc. No. ______;


    Page No. ______;
    Book No. ______;
    Series of _____..

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