Petition For Extra-Judicial Foreclosure

Republic of the Philippines
REGIONAL TRIAL COURT

OFFICE OF THE CLERK OF COURT
Aparri, Cagayan
RURAL BANK OF APARRI,

Represented by
________________________, in his
capacity as the General Manager,
Mortgagee,
-versus- _________________
_______________________________,
Mortgagor.
x-----------------------------------------------------------------------------------------x
PETITION FOR EXTRAJUDICIAL FORECLOSURE

of Real Estate Mortgage Under Act No. 3135
in relation to Rural Bank Act No. 7353
TO: The HONORABLE CLERK OF COURT

and EX-OFFICIO PROVINCIAL SHERIFF,
Regional Trial Court, ____________, Cagayan
Greetings:
Pursuant to Act 3135, as amended by Act 4118, petitioner-

mortgagee Rural Bank of Aparri, represented by its General
Manager, _______________, hereby deliver a copy of the REAL
ESTATE MORTGAGE marked as Annex “A”, validly executed on
January 20, 2011 by the Spouses ___________________(hereafter
mortgagors), residents of________________, Aparri, Cagayan, in
favor of the petitioner-mortgagee,
1
covering a parcel of land with all the improvements existing thereon,
which is registered under Transfer Certificate of Title (TCT) No.
______________________________, copy of which is hereto attached
as Annex “B”, and is more particularly described as follows:
__________________________________________________
__________________________________________________
__________________________________________________
The aforesaid Real Estate Mortgage was executed as a security

of the loan secured by the mortgagors from the petitioner-mortgagee
in the mount of FIVE HUNDRED THOUSAND PESOS (P500,000.00),
Philippine Currency. The said loan obligation of the mortgagors is
covered by a Promissory Note dated August 31, 2012, copy of which
is hereto attached as Annex “C”.
The terms and conditions of the promissory note have been

broken with the default of the mortgagors to pay in full the principal
debt and all the interests thereon up to the present.
The period stipulated in the aforementioned promissory note

has never been extended, nor any condition therein been changed or
extended, either tacitly or expressly by any agreement made after
said date.
The mortgaged property is, to the knowledge of the petitioner-

mortgagee not subject to any prior lien or mortgage, whatsoever.
That under the terms of the promissory note, the indebtedness

of the mortgagors to petitioner-mortgagee as of this date amounts to
EIGHT HUNDRED FOURTEEN THOUSAND AND TWENTY
TWO PESOS (P814,022.00) Philippine Currency, representing the
principal amount, interest and penalties but exclusive of other
expenses of the foreclosure proceedings.
IN VIEW OF THE FOREGOING, and by virtue of the SPECIAL

POWER OF ATTORNEY inserted in the said Real Estate Mortgage,
petitioner-mortgagee earnestly request your good office to issue a
Notice of Extra-Judicial Sale and undertake the sale at public auction
of the above-described mortgaged property covered by Transfer
Certificate of Title (TCT) No._______________, in accordance with the
2
provisions of Act 3135, as amended. Please notify us of the date and
place of sale of the property as well as the proceedings you may take
in the premises.
Gonzaga for Aparri, Cagayan. Philippines.
Yours truly,
RURAL BANK OF APARRI
By:
General Manager
VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
I, ______________________, Filipino, of legal age, married and a

resident of _________________________, Cagayan after having been
duly sworn to in accordance with law do hereby depose and state
that I am the General Manager of the petitioner-mortgagee, Rural
Bank of Aparri, with principal place of business at Aparri, Cagayan
and that I have caused the preparation of the instant petition. The
allegations contained therein are true and correct to the best of my
knowledge and based on authentic documents. Further, I hereby
certify that I have not commenced an action involving the same
issues in the Supreme Court, the Court of Appeals 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 division thereof. If I should thereafter learn that
there is such an action pending before the Supreme Court, the Court
of Appeals or different division thereof, or any other tribunal or
agency, I hereby undertake to immediately inform this Honorable
Court of such fact within five (5) days from notice.
3
AFFIANT FURTHER SAY NONE.
_______________
…………………..
SUBSCRIBED AND SWORN to before me this ____ day of

________________ 2015 at Aparri, Cagayan.
Doc. No. _________

Page No. _________
Book No. _________
Series of 2015.

Petition For Extra-Judicial Foreclosure

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Republic of the Philippines

REGIONAL TRIAL COURT

RURAL BANK OF APARRI,

PETITION FOR EXTRAJUDICIAL FORECLOSURE

TO: The HONORABLE CLERK OF COURT

Pursuant to Act 3135, as amended by Act 4118, petitioner-

The aforesaid Real Estate Mortgage was executed as a security

The terms and conditions of the promissory note have been

The period stipulated in the aforementioned promissory note

The mortgaged property is, to the knowledge of the petitioner-

That under the terms of the promissory note, the indebtedness

IN VIEW OF THE FOREGOING, and by virtue of the SPECIAL

Gonzaga for Aparri, Cagayan. Philippines.

RURAL BANK OF APARRI

VERIFICATION AND CERTIFICATION

I, ______________________, Filipino, of legal age, married and a

SUBSCRIBED AND SWORN to before me this ____ day of

Doc. No. _________

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