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    ADverse CASE

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    Azucena Q. Española files an affidavit of adverse claim regarding a parcel of land covered by Transfer Certificate of Title No. T-179949 registered under MB Lending Corporation. She asserts that her late husband Orlando Española purchased the land in 1993, but the previous owners later mortgaged the land to MB Lending Corporation without his knowledge. While a civil case regarding ownership was pending, MB Lending Corporation consolidated ownership and registered the title under their name, adversely affecting the rights of Orlando Española and his heirs. Through this affidavit, Azucena requests annotation of the adverse claim on the title.

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    ADverse CASE

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    Azucena Q. Española files an affidavit of adverse claim regarding a parcel of land covered by Transfer Certificate of Title No. T-179949 registered under MB Lending Corporation. She asserts that her late husband Orlando Española purchased the land in 1993, but the previous owners later mortgaged the land to MB Lending Corporation without his knowledge. While a civil case regarding ownership was pending, MB Lending Corporation consolidated ownership and registered the title under their name, adversely affecting the rights of Orlando Española and his heirs. Through this affidavit, Azucena requests annotation of the adverse claim on the title.

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    Azucena Q. Española files an affidavit of adverse claim regarding a parcel of land covered by Transfer Certificate of Title No. T-179949 registered under MB Lending Corporation. She asserts that her late husband Orlando Española purchased the land in 1993, but the previous owners later mortgaged the land to MB Lending Corporation without his knowledge. While a civil case regarding ownership was pending, MB Lending Corporation consolidated ownership and registered the title under their name, adversely affecting the rights of Orlando Española and his heirs. Through this affidavit, Azucena requests annotation of the adverse claim on the title.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    79 views2 pages

    ADverse CASE

    Uploaded by

    junjunsscribdaccount
    Azucena Q. Española files an affidavit of adverse claim regarding a parcel of land covered by Transfer Certificate of Title No. T-179949 registered under MB Lending Corporation. She asserts that her late husband Orlando Española purchased the land in 1993, but the previous owners later mortgaged the land to MB Lending Corporation without his knowledge. While a civil case regarding ownership was pending, MB Lending Corporation consolidated ownership and registered the title under their name, adversely affecting the rights of Orlando Española and his heirs. Through this affidavit, Azucena requests annotation of the adverse claim on the title.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    REPUBLIC OF THE PHILIPPINES )

    PROVINCE OF NERGOS OCCIDENTAL )


    CITY OF HIMAMAYLAN ) S.S.
    x---------------------------------------------------x

    AFFIDAVIT OF ADVERSE CLAIM

    I, AZUCENA Q. ESPAÑOLA, 71 years old, Filipino, widow and a resident of


    Del Pilar St., Brgy. III-Poblacion, Hinigaran, Negros Occidental, Philippines, after
    having been duly sworn to in accordance with law, depose and say:

    1. That I am the surviving spouse of the late ORLANDO ESPAÑOLA,


    and his Attorney-In-Law, as he was one of the defendants in a Civil Case No.
    752 entitled M.B. lending Corporation, Plaintiff vs. Enrique Mudanza, et. al.,
    pending before Regional Trial Court, RTC Branch 55, Himamaylan City, Negros
    Occidental, for: Recovery of Possession with Damages;

    2. That said Civil Case involved Lot 276-B-B-D with an area of 279
    Square meters, and situated in Poblacion, Hinigaran, Negros Occidental, formerly
    owned by Federico Leonora and Victorio Leonora as evidenced by TCT No. T-
    149187;

    3. That the subject Lot, before the filling of the afore-mentioned Civil
    Case, was sold by them to my late husband Orlando Española in 1993 as
    evidenc4ed by a Deed of Absolute Sale dated January 8, 1993 duly notarized by
    Notary Public Oscar M. Lagtapon and entered his Notarial Registry as Doc No. 21;
    Page No. 5; Book No. XXXV; Series of 1993;

    4. That after the subject Lot was sold to my said husband, formers
    owners Federico Leonora and Victorio Leonora without the knowledge of my said
    husband, mortgaged with M.B. Lending Corporation the afore-mentioned Lot, the
    latter being then charged with the knowledge that the same was already sold to my
    husband;

    5. That when the former owners Federico Leonora and Victorio


    Leonora failed to redeem the subject mortgaged property, MB Lending
    foreclosed the same, and, later, while the case pending in courts, and without the
    knowledge of my husband, myself and other defendant, it consolidated its
    ownership over subject lot and have it titled in its name under TCT No. T-179949;

    6. That the subject Civil Case before the RTC-Himamaylan City, was
    dismissed in favor of the defendants, but later on appealed by MB Lending
    Corporation by way of Certiorari to the Court of Appeals, Cebu City, and currently
    entitled MB Lending Corporation, Petitioner, versus Hon. Franklin J.
    Demonteverede, Presiding Judge, RTC Br. 55, Himamaylan City, Negros
    Occidental, et.al., Respondents, and said appealed is now pending for
    RESOLUTION;
    7. That the issuance of TCT T-179949 in the name of MB Lending
    Corporation which is a party of the subject appealed case really worked injustice
    and adversely affected the rights of ownership of Orlando Española and his
    surviving heirs;

    8. That through this Affidavit, I am registering the Register of Deeds of


    Negros Occidental, an Adverse Claim, being the surviving and compulsory heir of
    the late Orlando Española, involving Lot 176-B-B-D now covered by TCT No. T-
    179949 in the name of MB Lending Corporation, and hereby prays that same
    adverse claim be annotated at the back of the latter Transfer Certificate of Title.
    request for the annotation of an adverse claim over the parcel of land covered by
    the Transfer Certificate of Title No. 091-2012005028.

    IN WITNESS WHEREOF, We have hereunto set our hands this 26th day
    of September 2016 in Himamaylan City, Negros Occidental, Philippines.

    AZUCENA Q. ESPAÑOLA

    Affiant

    SUBCRIBED AND SWORN TO before me this 26th day of September


    2016 in Himamaylan City, Negros Occidental, Philippines, affiant exhibiting to me
    her valid ID with no. 123456 bearing her photograph and signature.

    Doc. No. _____;


    Page No. _____;
    Book No. _____;
    Series of 2016.

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