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Can I get the real estate property back to me as owner if it has been mortgaged for a long period of time?

This is a case about a real estate property (land) that has been mortgaged for a long period of time.

This is the scenario:

You owned a real estate property (land) and you got a loan (borrow money) from a friend or lender. You made your real estate property as the collateral of the loan. In other words, you mortgaged your property.
Let's say more than 10 years had passed and you never paid the loan. Then, one moment, you decided to get your property (land) back and pay the loan.

But this one question always tickles your mind: "Can I get the real estate property back to me as an owner if it has been mortgaged for a long period of time?"
 
Get the real estate property back to me as owner if it has been mortgaged for a long period of time?

The answer is a big YES. You might feel hopeful. But there are conditions you should take note. You can only get your property back if:
  • It's not stated in the mortgage agreement that the property will be foreclosed after a period of time.
  • It's not stated in the mortgage agreement that the property ownership will be transferred to the lender (nagpautang ng pera) if loan is not paid after a period of time.
  • It's not stated in the mortgage agreement that unpaid dues have incurred interests. This interests if piled up might ballooned into an amount you cannot afford to pay any more.
What if those conditions are met and the lender doesn't want to give the property back to you? The lender has no right to do so. You still own the property and if the lender doesn't really give it back to you, you should consult a lawyer and help you file a complaint.
 

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"Can I get the real estate property back to me as owner if it has been mortgaged for a long period of time?" was written by under the Real Estate category. It has been read 533 times and generated 0 comments. The article was created on and updated on 15 April 2018.
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