Republic of the Philippines

Metropolitan Trial Court, Branch No. 32

National Capital Region
Valenzuela City
Ivan Jan Lee
Plaintiff
vs Civil Case No.

Valeriano Magumgum For: Foreclosure of Real Estate Mortgage

Defendant

X--------------------------X

COMPLAINT

Plaintiff thru counsel, respectfully avers that:

1. Plaintiff, of legal age, Filipino, residing at 123 Home Villas, Paranaque City is the
Mortgagee;

2. Defendant, of legal age, Filipino, residing at 456 Home Villas, Paranaque City, is
the Mortgagor;

3. On 2 December 2018, defendant obtained a loan in the sum of FOUR HUNDRED

FIFTY THOUSAND PESOS (P450,000.00) evidenced by promissory note on the
same date, promising to pay the plaintiff said amount with legal interest, on or
before 1 March 2019. A copy of the promissory note is hereto attached as Annex
“A”;

4. The loan was secured by a real estate mortgage by the defendant in favor of the
plaintiff, on a one hundred square meter plot of land, located in Valenzuela City,
more particularly described in Transfer Certificate of Title No. 3754. A copy of
TCT No. 3754 is hereto attached as Annex “B”;

5. The real estate mortgage was duly registered with the Registry of Deeds of
Valenzuela City on 10 December 2018. A copy of the mortgage contract is hereto
attached as Annex “C”;

6. The terms and conditions of said mortgage, as stated therein, is such, that if
payment is made to the mortgagee, on or before 1 March 2019, in the amount of
FOUR HUNDRED FIFTY THOUSAND PESOS (P450,000.00), together with the
stipulated legal interest, then the said mortgage shall be discharged; otherwise,
it shall remain in full force and effect, to be enforceable in the manner prescribed
by law;
 7. Defendant has not paid the mortgage debt of FOUR HUNDRED FIFTY
THOUSAND PESOS (P450,000.00) or any part thereof, in spite of the lapse of
the stipulated period;

8. Plaintiff has demanded of the defendant to pay the above sum of FOUR
HUNDERED FIFTY THOUSAND PESOS (P450,000.00), plus the stipulated
legal interest, but defendant has failed to pay the same. A copy of the final written
demand is hereto attached as Annex “D”;

9. There are no other persons having or claiming an interest in the mortgaged

property.

PRAYER

WHEREFORE plaintiff respectfully prays that:

1. A judgment be issued by the court directing defendant to pay within a period of

not less than 90 days but not more than 120 days from entry of judgment, the sum
of FOUR HUNDRED FIFTY THOUSAND PESOS (P450,000.00) together with the
stipulated legal interest, cost of suit and attorney’s fees; and

2. In default of such payment, the property be ordered sold at public auction to pay
off the mortgage debt and its accumulated interest plus attorney’s fees and costs
of suit.

Other reliefs just and equitable are likewise prayed for

14 September 2019, Valenzuela City

(signature)
Atty. X

VWX Law Firm

Valenzuela City
Tel. (02) 822-1234
Email: x@vwxlaw.com
Roll of Attorneys No.
IBP Lifetime Member No.
PTR No.
MCLE Compliance No.
Republic of the Philippines)
City of Paranaque )S.S.

VERIFICATION AND CERTIFICATION

I, A, Filipino, of legal age, and residing at 123 Home Villas, Paranaque City, after being
sworn in accordance with law, depose and say that:

1. I am the plaintiff in the above-entitled case;

2. The facts stated are true and correct to the best of my knowledge and authentic
records;

3. I have not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency, to the best of my knowledge, no such
other action or claim is pending therein; and

4. If I should learn that the same or similar action or claim has been filed or is
pending after its filing, I shall report the fact within 5 days from notice to the court
or where the complaint or initiatory pleading has been filed.

25 March 2019

(signature)
A

SUBSCRIBED AND SWORN TO before me this 25 day of March in Paranaque City,

th

Philippines, affiant exhibiting to me her competent evidence of identity by way of Passport

No P12345 issued on 15 August 2018, at DFA MANILA.

NOTARY
Roll of Attorneys No.
IBP No.
PTR No.
MCLE Compliance No.
Doc No.
Page No.
Book No.
Series of 2019.