Republic of the Philippines

MUNICIPAL TRIAL COURT

Branch __
Oras Eastern Samar

SEBASTIAN DIAZ,
Plaintiff,

-versus-
CIVIL CASE NO.___
For: Foreclosure of
Real Estate Mortgage

FEDERICO GOMEZ,
Defendant,

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

COMPLAINT

Plaintiff, through undersigned counsel, respectfully alleges that:

1. Plaintiff Sebastian Diaz, is of legal age, Filipino citizen,

with postal address at 971 M. H. del Pilar St. Borongan City Eastern
Samar;

2. Defendant, Federico Gomez, is of legal age, Filipino

citizen, with postal address at 1082 Vicente Cruz St., Maydolong
Eastern Samar, where he may be served with summons and other
processes by this Honorable Court;

3. On January 2, 2019, defendant obtained a loan in the

amount of P500,000.00, which was evidenced by a loan agreement
payable in 2 years with interest of 5% per month due on the unpaid
balance. Copy of the loan agreements is hereby attached as Annex
“A” and of this complaint.

4. To secure the payment of the first loan thereof, he

mortgaged a certain parcel of land covered by TCT No. 54325 in
Oras, Eastern Samar, hereby attached as Annex “B”, which is more
particularly described as follows:

“A parcel of land (Lot No. 2927-A, Psd-07-020869, being a

portion of Lot No. 2927), situated in Mabini Street. Bounded on the E,
along line 1-2 by Mabini Street; on the S, along line 2-3 by Lot 2927-
C; on the W, along line 3-4 by Lot 2927-B; on the N, Barangay 9 x x
x containing an area of twenty-two square meters (22 sq. m.) more or
less, covered by Transfer Certificate of Title No. T-16747 in the name
of Sebastian Diaz.”

5. The terms and conditions of said mortgage are

incorporated in a Real Estate Mortgage executed and signed by
defendant on January 12, 2019. Copy of the Real Estate Mortgage
is attached hereto as Annex “C”;

6. The mortgage debt is now long overdue, but defendant

failed, and still fails, to pay the same, or any part thereof,
notwithstanding demands of plaintiff. Copy of the demand letter is
hereto attached as Annex “D”;

7. There are no other persons having or claiming an interest in

the mortgaged property.
 WHEREFORE, premises considered it is most respectfully
prayed that judgment be rendered against the defendant:

a) To pay within a period of not less than ninety (90)

days but not more than one hundred twenty (120) days from entry
of judgment, the sum of P500,000 together with the stipulated
interest, plus cost of suit and attorney’s fees; and

b) In default of such payment, the aforementioned

property be ordered sold at public auction to pay off the mortgage
debt and its accumulated interest, plus attorney’s fees and cost of
suit.

Other reliefs just and equitable are likewise prayed for.

Oras, Eastern Samar, April 7, 2022

LENNON MCCARTNEY
AND ASSOCIATES LAW
OFFICE
Counsel for the Plaintiff
Brgy. 01 Oras E. Samar

By:

ATTY. PAUL MCCARTNEY

IBP Lifetime No.
049042/31 May 2013 PTR
No. 2310491/9 December
2018/Manila
MCLE Exemption No. V
000244/15 March 2017 Tel No.
734-5957