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Atty. Jan Ceasar A.

Climaco
G/F Mendoza Bldg.
Pilar St., Zamboanga City

APPLICATION FOR EXTRA-JUDICIAL


MS. CATHERINE T. ENRIQUEZ
Zone 4, Barangay Divisoria,
Zamboanga City

REGISTERED MAIL WITH RETURN CARD


( Notice of Application for Foreclosure )
FORECLOSURE OF REAL ESTATE MORTGAGE

MS. CATHERINE T. ENRIQUEZ


Zone 4, Barangay Divisoria,
Zamboanga City,

The City Sheriff


Zamboanga City

Greetings:
I have the honor to deliver to you a copy of that Real Estate Mortgage executed by the Mortgagor CATHERINE T.
ENRIQUEZ in favor of the herein applicant MANUEL B. SERRANO, on May 11, 2018 and acknowledged before Notary
Public Jan Ceasar A. Climaco, for Zamboanga City as registered as Doc. No. 453; Page No. 92; Book No. 04; Series of 2018 of
his Notarial Registry, covering a real property duly registered with the Registry of Deeds of Zamboanga City on May 31, 2018
under Entry No. 2018003720, Vol. No. ______, of the following parcel of land and the building and other improvements
existing thereon, to wit:

A parcel of land ( Lot 2100-E-1-A-1-B ) of the subdivision plan, Psd-09-059985, being a portion of Lot 2100-
E-1-A-1, Psd-0904759 ) situated in the Barangay of Divisoria, City of Zamboanga, containing an area of Two Hundred
Twenty One (221) Square meters, covered by Transfer Certificate of Title No. T-203,913; with improvements thereon;

Please take note that the Mortgagos have absolutely signed all their rights, interest and equities over the subject matter of
the said real estate mortgage to the Mortgagee.

I beg to state the following facts:


1. That the condition of the contract of Real Estate Mortgage has been broken by the failure of the Mortgagor to pay the
Mortgagee its installments which become due and payable;

2. That the mortgagee demanded from the Mortgagor the payment of the same, but the latter failed and refused and still
fail and refuse to pay their obligation which is now overdue;

3. That, there are still due and owing to the said Mortgagee as of February 15, 2004 the sum of P189,600.00, excluding
attorney’s fees computed at ten (10%) percent of the total obligation, sheriff’s fees and cost of foreclosure;

4. That, it being the essence of the mortgage contract of the mortgagors’ failure to pay to foreclose the security offered
either judicially or extra-judicially at her option;

PAGE TWO
5. That according to the best knowledge and belief of the Mortgagee, said mortgaged property is not subject to any prior
mortgage or lien;

IN VIEW OF THE FOREGOING, I respectfully request that you foreclose the afore-mentioned Real Estate Mortgage
and sell at public auction the property mentioned thereat.

City of Zamboanga, Philippines, February 24, 2004;

MANUEL B. SERRANO
Mortgagee
VE R I FI CATI O N

Republic of the Philippines)


City of Z A M B O A N G A ) S.S.

I, MANUEL B. SERRANO, of legal age, single, Filipino and with residence at Guiwan, Zamboanga City, Philippines,
after being sworn, depose and say:

That I am the mortgagee in the above-mentioned Real Estate Mortgage

That I prepared the foregoing request for extra-judicial foreclosure under the provisions of Act No. 3135, as amended by
Act No. 4118;

That the facts therein recited are true and correct according to my own knowledge.
IN WITNESS WHEREOF, I have hereunto set my hand on this ____ day of _______________ at Zamboanga City,
Philippines.

MANUEL B. SERRANO
Affiant

SUBSCRIBED AND SWORN to before me on this ____ day of ____________ at Zamboanga City, Philippines. Affiant
having exhibited to me his __________________________ ID Card bearing No. _____________________________.
__________ 2004
Putik, Zamboanga City
THE HON. EXECUTIVE JUDGE
Regional Trial Court
9th Judicial Region
Zamboanga City

Thru :

The Clerk of Court


& Ex-Officio Sheriff
RTC, Hall of Justice
Zamboanga City

Attention :
Sheriff IV
GREETINGS:

In connection with the Notice of Extra-Judicial Foreclosure Sale of that Real Estate Mortgage under Act 3135 of the
mortgaged property of the Spouses Erlinda I. Duncombe and John A. duncome, covered by Transfer Certificate of Title No. T-
115,431, schedule on __________ 2004, please enter our bid price in the amount of ( P________) PESOS, Philippine
currency.
Zamboanga City, Philippines.

Very truly yours,

JUDITH U. LOPEZ
Mortgagee/Bidder
CLIMACO LAW OFFICE
Room 209, 2nd Floor, Mendoza Building
Pilar St., Zamboanga City

September 2019
CATHERINE T. ENRIQUEZ
Zone IV, Barangay Divisoria,
Zamboanga City

Greetings :

Please take notice that, since you have violated the terms and conditions stipulated in the Real Estate Mortgage given by
you on _______________________ in favor of MANUEL B. SERRANO, on the following described property and the
improvements thereon:

A parcel of land ( Lot 2100-E-1-A-1-B ) of the subdivision plan, Psd-09-059985, being a portion of Lot 2100-
E-1-A-1, Psd-0904759 ) situated in the Barangay of Divisoria, City of Zamboanga, containing an area of Two Hundred
Twenty One (221) Square meters, covered by Transfer Certificate of Title No. T-203,913;
we have this date sent to the Sheriff of Zamboanga City the said Real Estate Mortgage Contract for the foreclosure in
accordance with the provisions of Act No. 3135, as amended by Act No. 4118, together with a copy of this notice.

Very truly yours,

Atty. Jan Cesar A. Climaco


Counsel of Mortgagee

At my request :
MANUEL B. SERRANO
Mortgagee

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