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    Fourth Judicial Region Regional Trial Court Branch 86

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    VAT CLIENTS
    This document is a pre-trial brief submitted by the defendant XYZ Lending Corporation in a civil case regarding a disputed mortgage and property sale. XYZ Lending argues that it is a mortgagee in good faith and subsequent innocent purchaser of the property. It admits to the existence of the mortgage agreement and foreclosure but denies the plaintiff's claims. XYZ Lending proposes admitting additional facts and identifies issues, witnesses, and evidence it will present to argue that the mortgage and sale were valid and the plaintiff has no cause of action.

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    Fourth Judicial Region Regional Trial Court Branch 86

    Uploaded by

    VAT CLIENTS
    1K views6 pages
    This document is a pre-trial brief submitted by the defendant XYZ Lending Corporation in a civil case regarding a disputed mortgage and property sale. XYZ Lending argues that it is a mortgagee in good faith and subsequent innocent purchaser of the property. It admits to the existence of the mortgage agreement and foreclosure but denies the plaintiff's claims. XYZ Lending proposes admitting additional facts and identifies issues, witnesses, and evidence it will present to argue that the mortgage and sale were valid and the plaintiff has no cause of action.

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    PRE TRIAL BRIEF

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    This document is a pre-trial brief submitted by the defendant XYZ Lending Corporation in a civil case regarding a disputed mortgage and property sale. XYZ Lending argues that it is a mortgagee in good faith and subsequent innocent purchaser of the property. It admits to the existence of the mortgage agreement and foreclosure but denies the plaintiff's claims. XYZ Lending proposes admitting additional facts and identifies issues, witnesses, and evidence it will present to argue that the mortgage and sale were valid and the plaintiff has no cause of action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    1K views6 pages

    Fourth Judicial Region Regional Trial Court Branch 86

    Uploaded by

    VAT CLIENTS
    This document is a pre-trial brief submitted by the defendant XYZ Lending Corporation in a civil case regarding a disputed mortgage and property sale. XYZ Lending argues that it is a mortgagee in good faith and subsequent innocent purchaser of the property. It admits to the existence of the mortgage agreement and foreclosure but denies the plaintiff's claims. XYZ Lending proposes admitting additional facts and identifies issues, witnesses, and evidence it will present to argue that the mortgage and sale were valid and the plaintiff has no cause of action.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    The case involves a dispute over a mortgaged property between plaintiffs and defendants. The plaintiffs allege the mortgage was done without their consent while the defendant claims it was done properly and they are now the rightful owners.

    The case is about a dispute over a mortgaged property between plaintiffs Marta So and Elvie So against defendants XYZ Lending Corp., Olivia So, Richard So, and Gina So. The plaintiffs allege the defendants mortgaged a property owned by Marta So without their consent, while the defendant claims the mortgage was valid.

    The defendant argues that it is a mortgagee in good faith and subsequent innocent purchaser for value, so its rights as the new owner of the property must be respected. It also argues the plaintiffs have no cause of action.

    Republic of the Philippines

    FOURTH JUDICIAL REGION


    REGIONAL TRIAL COURT
    Branch 86
    Taal, Batangas

    MARTA SO AND ELVIE SO


    Plaintiffs,
    Civil Case No._____
    For: Declaration of Nullity of
    Mortgage and Sale,
    Recovery of
    Possession and Ownership with
    Damages
    -versus-

    XYZ LENDING CORP., OLIVIA, RICHARD


    AND GINA ALL SURNAMED SO
    Defendants.

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

    PRE-TRIAL BRIEF

    COMES NOW, the DEFENDANT XYZ Lending Corporation by


    counsel and to this Honorable Court, respectfully submits this Pre-
    Trial Brief containing the following:

    I. Brief Statement of Facts

    Plaintiffs filed a complaint against Defendants Olivia So,


    Richard So, Gina So and XYZ Lending Corporation alleging
    that on October 4, 2017, the defendants So siblings mortgaged
    a parcel of lot owned by Sps Rosendo and Marta So to XYZ
    Lending Corp for Two Million Pesos (Php 2,000,000.00) without
    the knowledge and consent of the plaintiffs. The plaintiffs
    alleged that they are co-owners in the property, hence, it cannot
    be mortgaged without their consent. They further claimed that
    one of the defendants, Richard So signed the document in
    behalf of the his father Rosendo So, who died on March 3,
    2014 prior the execution of the contract. The lot was extra-
    judicially foreclosure upon failure of the Defendants So siblings
    to pay the loan and the title was then consolidated in favour of
    XYZ Lending Corporation after the lapse of the redemption
    period.
    Defendant, in its Answer with Counterclaims and
    Crossclaims, dated March 4, 2021, prays for the dismissal of
    the complaint on the ground that the plaintiff has no cause of
    action since Defendant XYZ Lending Corporation is a
    mortgagee in good faith and a subsequent innocent purchaser
    for value, as such, its rights as the new owner of the subject
    property must be respected and protected by the courts. It also
    prays for damages and attorney’s fees against plaintiff if it was
    found that the suit was unfounded and cross claim against co-
    defendant amounting to P2,300,000.00 if the property will be
    reconveyed to the plaintiff.

    II. Defendant is willing to enter into an amicable settlement of the


    case, under the terms and conditions agreeable to both parties
    and submit to alternative modes of dispute resolution;

    III. Summary of Admitted Facts


    Defendant admits the following facts:

    III.1 Defendant admits only those facts stated in the Answer, i.e.,
    their personal circumstances.
    III.2 Defendant admits the existence of a Real Estate Mortgage
    contract on the subject parcel of lot under TCT No. 053-
    2018003235 owned by Sps. Rosendo and Marta So for the
    loan amounting to TWO MILLION Pesos (Php 2,000,000.00)
    and that the mortgaged property was extra–judicially
    foreclosed due to the failure of the of the mortgagors,
    Rosendo and Marta So, to settle the loan on the set due
    date.
    III.3 Defendant admits that there was a notice sent by the
    counsels’ plaintiff regarding the alleged falsification.

    IV. Proposed Stipulation of Facts


    Defendant requests Plaintiffs to admit the following facts:
    IV.1 That Sps Rosendo and Marta So caused the preparation of
    the Real Estate Mortgage Contract on the subject parcel of
    lot under TCT No. 053-2018003235 owned by Sps. Rosendo
    and Marta So for the loan amounting to TWO MILLION
    Pesos (Php 2,000,000.00).
    IV.2 That Defendant examined the title offered by the herein co-
    defendants, Olivia, Richard and Gina So as security for the
    loan and found neither infirmity nor defect.
    IV.3 That a valid extra-judicial foreclosure sale was conducted
    and the mortgagors failed to redeem the property, hence, the
    consolidation of title in favor of the herein Defendant who
    was the highest bidder in the auction sale.
    IV.4 That Defendant is a mortgagee in good faith and a
    subsequent innocent purchaser for value, as such, its rights
    as the new owner of the subject property must be respected
    and protected by the courts.

    V. Issues
    Defendant respectfully submits that the issues in this case are:

    V.1 Whether or not the plaintiff has the cause of action.


    V.2 Whether or not the Real Estate Mortgage contract executed
    by Sps Rosendo and Marta So is valid?
    V.3 Whether or not the foreclosure sale and issuance of new
    transfer certificate of title in favor of herein defendant is
    valid?
    V.4 Whether or not herein defendant is mortgagee in good faith
    and a subsequent innocent purchaser for value

    VI. List of Exhibits to be Presented

    Defendant will present the following exhibits:

    6.1 A certified, true and faithful reproduction of the indebtedness


    Real Estate Mortgage Contract executed by Sps Rosendo and
    Marta So to be marked as “Exhibit 1” to prove the existence of
    the contract.
    6.2 A certified, true and faithful reproduction of the Identification
    card of Rosendo So to be marked as “Exhibit 2” to prove that
    the signature of Rosendo So is the same with that of the Real
    Estate Mortgage Contract.
    6.3 A certified, true and faithful reproduction of the Identification
    card of Marta So to be marked as “Exhibit 3” to prove that the
    signature of Marta So is the same with that of the Real Estate
    Mortgage Contract.
    6.4 A certified, true and faithful reproduction of the Tax
    Declaration of Real Property to be marked as “Exhibit 4” to
    prove that there was no infirmity nor defect to the property
    subject of the mortgage contract.
    6.5 A certified, true and faithful reproduction of the TCT No. 053-
    2018003235 to be marked as “Exhibit 5” to prove that there
    was no infirmity nor defect to the property subject of the
    mortgage contract.
    6.6 A certified, true and faithful reproduction of the Inspection and
    Appraisal Report to be marked as “Exhibit 6” to prove that the
    mortgagee ascertained the credibility of the mortgagor and the
    herein co-defendants.
    6.7 A certified, true and faithful reproduction of Cash Transaction
    Slip or Deposit Slip to be marked as “Exhibit 7” to prove that
    the proceeds of the loan were deposited in the joint account of
    Marta So and Richard So.
    6.8 A certified, true and faithful reproduction Sheriff’s Notice of
    Extra-Judicial Sale to be marked as “Exhibit 8” to prove that
    there was a valid foreclosure sale.
    6.9 A certified, true and faithful reproduction Sheriff’s Certificate of
    Sale to be marked as “Exhibit 9” to prove that the herein
    defendant is the highest bidder and there was a valid
    consolidation of title upon failure to redeem the property.

    VII. DISCOVERY PROCEDURES


    Defendant hereby informs this Honorable Court of their
    intention to avail themselves of discovery procedures when
    circumstances require.

    VIII. Witnesses to be presented


    Defendant will present the following witnesses:
    8.1 Defendant XYZ Lending Corporation as represented by its
    President Emilio Aguinaldo - to testify on the materials
    allegations special and affirmative defenses and the denials
    in their Answer, Counterclaims and Crossclaims and to
    testify on the damages caused to them by the filing of this
    action;

    Reservation
    Defendant expressly reserves the right to present such
    additional witnesses and other exhibits and evidence as the
    exigencies of the trial may require.

    Specific Trial Dates


    It is respectfully requested that the trial dates be set during the
    pre-trial conference to dates most convenient to this Honorable Court
    and to all the parties.

    MOST RESPECTFULLY SUBMITTED.


    Taal, Batangas, Philippines, 12th day of April 2021.

    MARIA GINALYN CALDERON


    Counsel for the Defendant
    Roll No. 77790
    IBP No. 093459 01-18-21
    PTR No. 0556040 01-13-21
    MCLE Compliance No.IV-443584
    Issued on December 12, 2020
    Calicanto, Batangas City
    Tel No. 288-2014

    Filing and service of copies via Registered Mail

    REGIONAL TRIAL COURT


    Branch 86
    Taal Batangas
    ATTY ARMAN D ALIPIT JR.
    Counsel for the Plaintiffs
    Notary Public for and in the Municipalities of Bauan,
    Mabini, and Taal, Batangas
    Commission No. 2018-99
    Until December 31, 2022
    Roll of Attorneys No. 003780
    IBP Lifetime No. 0987680/Batangas City
    MCLE Compliance No. V-09090878,07-11-17

    EXPLANATION

    Copies of the foregoing pleadings were served to the Counsel


    of the Plaintiffs and to the Honorable Court via registered mail, with
    return card, on account of the very far distance between the offices of
    the parties and their respective counsels, time constraints, and
    unavailability of messengerial personnel to effect personal service
    thereof.

    ATTY. MARIA GINALYN CALDERON

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