Court nullifies foreclosure of Enriqueta Rojas property

Iloilo City Hall of Justice

COURT NULLIFIES FORECLOSURE OF ENRIQUETA ROJAS PROPERTY: Orders Mildred G. Sanson and other defendants to reinstate the title to its rightful owner.

The Regional Trial Court (RTC) Branch 31 in Iloilo City recently declared as “null and void” the foreclosure of a real estate property in Brgy. Gua-an, Leganes owned by Enriqueta Rojas.

Under Civil Case No. 13-31738 for “annulment of foreclosure proceedings and sale of mortgaged property at public auction, accounting and damages” the RTC upheld the contention of Enriqueta Rojas and co-petitioner Enrique Rojas that the foreclosure was premature.

Besides Mildred Sanson, named co-defendants were the Clerk of Court and Ex-officio Provincial Sheriff of Iloilo, Sheriff Marcial Lambuso, and the Register of Deeds of Iloilo.

In its decision the RTC through Judge Gemalyn Faunillo-Tarol declared “the foreclosure of Lot 1541-A-4 covered by Transfer Certificate of Title No. T-144,885, its consequent sale on public auction, the Certificate of Final Sale, the registration thereof with the Registry of Deeds and the issuance of Transfer Certificate of Title No. 090-2013003342 in the name of Defendant Mildred G. Sanson as NULL and VOID.”

The Court also ordered defendant Register of Deeds of the Province of Iloilo “to CANCEL Transfer Certificate of Title No. 090-2013003342 in the name of Defendant Mildred G. Sanson and RECONVEY the title to the property in the name of plaintiff Enriqueta Rojas and for the defendant Mildred Sanson to return possession of subject property to Enriqueta Rojas.”

Records of the Court proceedings also showed that petitioners Enriqueta Rojas and Enrique Rojas had total payments to the mortgaged property on the principal and interests amounting to P3,120,000.00 from total principal amounts of P2,516,402.00.*

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