Republic of the Philippines

Error: Reference source not found Judicial Region

REGIONAL TRIAL COURT
OFFICE OF THE EX-OFFICIO SHERIFF
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UCPB SAVINGS BANK,

Mortgagee-Petitioner,

File No.____________________
- versus - Extrajudicial foreclosure of Real
Estate Mortgage under Act 3135,
as amended
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found.
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PETITION

TO: Executive Judge

THRU: Clerk of Court/Ex-Officio Sheriff
RTC - Error: Reference source not found

Greetings:

We act on behalf of our client, UCPB SAVINGS BANK (“UCPB

SAVINGS”), a thrift banking corporation duly organized and existing under
Philippine Laws, with office address at 19F UCPB Building,7907 Makati
Avenue, Makati City and herein represented by Mr. Error: Reference source
not found, Error: Reference source not found at the Legal Services Division of
UCPB Savings.

Copies of the Secretary’s Certificate dated December 14, 2006 and

Certification dated Error: Reference source not found authorizing Mr. Error:
Reference source not found to verify and certify the present petition on behalf
of UCPB Savings are hereto attached as Annexes “A” and “A-1”, respectively.
 We refer to you for extra-judicial foreclosure Error: Reference source
not found located at Error: Reference source not found covered by Transfer
Certificate Title Error: Reference source not found in the name of Error:
Reference source not found with address at Error: Reference source not
found.

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For your guidance, please be advised of the following factual
antecedents:

1. On Error: Reference source not found, UCPB Savings Bank and

Error: Reference source not foundError: Reference source not found executed
a Uniform Loan and Mortgage (Real Estate) (ULAMA) and Supplemental
Terms and Conditions of the Uniform Loan and Mortgage Agreement (Real
Estate) where Error: Reference source not found applied for and Error:
Reference source not found granted by UCPB Savings a loan intended for
Error: Reference source not found in the sum of Error: Reference source not
found.

The Uniform Loan and Mortgage Agreement or ULAMA is a shorter and

more simplified document used as an industry-standard agreement between
borrower and lender for all housing loan borrowings in the country. The need
for such a document arose in 2012 after the Chamber of Thrift Banks (CTB)
expressed a desire to enable housing lenders and borrowers solve the
problems they usually encounter, such as vagueness and too much legalese in
most of mortgage agreements. The ULAMA is a combination of the loan
agreement, real estate mortgage and promissory note. Attached hereto as
Annex “C” is a copy of the Uniform Loan and Mortgage Agreement (Real
Estate) (ULAMA).

2. Also, on Error: Reference source not found, Error: Reference

source not foundreceived the loan proceeds from UCPB Savings in the sum
Error: Reference source not found after signing the ULAMA, where the Error:
Reference source not found promised to pay UCPB Savings, viz:
3. To secure the abovementioned loan obligation, Error: Reference source
not found mortgaged Error: Reference source not found located at
Error: Reference source not found covered by TCT Error: Reference
source not found under the name of Error: Reference source not found
registered in the Registry of Deeds-Error: Reference source not found,
as evidenced by ULAMA.

4. The Error: Reference source not found failed to meet Error: Reference
source not found monthly amortization payments to UCPB Savings
rendering Error: Reference source not found entire loan obligation
immediately due and demandable. Despite demand, the Error:
Reference source not found failed to pay Error: Reference source not
found obligation. Copy of the demand letter dated Error: Reference
source not found sent to the Error: Reference source not found is hereto
attached as Annex “D”.

5. Paragraph 5(h) of the Supplemental Terms and Conditions of the

ULAMA states that the mortgagee is given the authority to extra-
judicially foreclose the mortgage upon default of the mortgagor, to wit:

“In case of an event of default, the Bank is likewise appointed

by the Borrower and Mortgagor as Attorney-in-Fact, with full power
of substitution and expressly authorized: [i] to take equal possession
of the Mortgaged Property without need of court order in case of loss
or damage to the Mortgaged Property; [ii] to sell and dispose of the
Mortgaged Property and in connection therewith execute and deliver
the necessary deed of conveyance in order to vest full and absolute
title to the purchaser thereof; [iii] to sell and dispose of the
Mortgaged Property under Act 3135 as amended; [iv] to collect
all rent due on the Mortgaged Property and apply such rent to the
payment of the Loan and Secured Obligation; and [v] to perform such
other acts of administration and management of the Mortgaged
Property. The authorities herein granted are coupled with interest
and are irrevocable.” (Emphasis supplied)
6. Considering Error: Reference source not found continuing failure to pay
their loan in violation of the ULAMA and the Supplemental Terms and
Conditions thereof, the Mortgagee UCPB Savings is with full authority to
foreclose Error: Reference source not found located at Error: Reference
source not found covered by TCT Error: Reference source not found.

7. In view of the foregoing, we request you to initiate and conduct extra-

judicial foreclosure proceedings and sell Error: Reference source not
found covered by TCT Error: Reference source not found registered in
the Registry of Deeds for Error: Reference source not found described in
the ULAMA together with all the improvements thereon situated within
your jurisdiction in accordance with the provisions of Act 3135, as
amended, to satisfy the amount of Error: Reference source not found
as of Error: Reference source not found, and all other charges including
the fees that may be due to your Office for services rendered. A copy of
the Statement of Account of the Error: Reference source not found
obligation is hereto attached as Annex “E”.

Makati City for Error: Reference source not found, Error: Reference
source not found.

LEGAL SERVICES DIVISION

UCPB Savings Bank
19F UCPB Building, 7907
Makati Avenue, Makati City
Tel nos. (02) 954-4622; (02) 622 7554

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VERIFICATION/CERTIFICATION
 I, Error: Reference source not found, of legal age, Filipino, and with
office address at 19F UCPB Building,7907 Makati Avenue, Makati City, under
oath, depose and state:

3. I am a Error: Reference source not found at the Legal Services

Division of UCPB Savings Bank, petitioner in the captioned case.

2. Upon authority of petitioner, as evidenced by Board Resolution

No. 232-2006 contained in the Secretary’s Certificate dated December 14,
2006 of UCPB Savings Corporate Secretary, and the Certification dated Error:
Reference source not found of the Legal Services Head of UCPB Savings, and in
the course of my functions, I have caused the preparation and the filing of said
Petition. I have read the said petition and that the facts contained and
mentioned therein are true and correct based on my own knowledge and
authentic records in my possession. The Annexes attached thereto are faithful
reproductions of her originals on file with the Bank.

3. I hereby certify that –

3.3 The petitioner has not commenced any other action

or proceeding involving the same issues in the
Supreme Court, the Court of Appeals or any other
tribunal or agency.

3.4 To the best of my knowledge no such action or

proceeding is pending in the Supreme Court, the
Court of Appeals or any other tribunal or agency.

3.5 If I should learn that a similar action or proceeding

has been filed or is pending before the Supreme Court,
the Court of Appeals or any other tribunal or agency, I
undertake to report said fact to this Court within five
(5) days therefrom.

FURTHER AFFIANT SAYETH NAUGHT.

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 Affiant

SUBSCRIBED AND SWORN to before me this date _______________ at

___________ by the above-named affiant who is personally known to me or
identified by me by competent evidence of identity in accordance with the
2004 Rules on Notarial Practice, and who exhibited to me his TIN ID with no.
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Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2018.

COPY FURNISHED/EXPLANATION

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found
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found
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found

A copy of the foregoing petition was served on the above Error:

Reference source not found at the above-stated address by registered mail
and/or LBC Courier Service, personal service not being possible due to
distance, time and manpower constraints.

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