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FORECLOSURE SALE
Legal Opinion
The law is clear that in
an
extra-judicial
foreclosure sale, after
the lapse of the one
year
period
within
which to redeem the
property
and
no
redemption was made,
the buyer becomes the
absolute owner thereof
(Section 6, Act No 3135
as amended by Act No.
4118).
Being the absolute owner of the house and lot mentioned in
your letter, you have the right to use the same to the exclusion of
others. Since the former owner refuses to leave and vacate the
property, there is no need to file a civil action for ejectment. You just
have to file a Petition for the Issuance of a Writ of Possession. In the
case of Spouses Fernando and Angelina Edralin vs. Philippine
Veterans Bank (G.R. No. 168523, March 9, 2011), the Supreme
Court explicitly explained this, to wit:
The issuance of a writ of possession is outlined in Section 7 of Act
No. 3135, as amended by Act No. 4118, which provides:
A writ of possession
may also be issued after
consolidation
of
ownership
of
the
property in the name of
the purchaser.
1 http://www.manilatimes.net/file-petition-issuance-writ-possession/118477/
NBSB: (Nota
whut?)
Bene
Since
Birth.lol
say
3 http://sc.judiciary.gov.ph/jurisprudence/2010/february2010/169190.htm
No. 169190
G.R.