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Demand Letter Foreclosure for Philippines

Demand Letter Foreclosure Template for Philippines

A Demand Letter for Foreclosure under Philippine law is a formal legal document sent by a mortgagee (creditor) to a mortgagor (debtor) who has defaulted on their mortgage obligations. The document serves as a final notice before initiating foreclosure proceedings, complying with Act 3135 and related Philippine legislation. It contains specific details about the loan default, property description, amount due, and payment demands, while providing clear notice of the creditor's intent to exercise their foreclosure rights if the default is not remedied within the specified period. The letter must conform to Philippine legal requirements and typically precedes either judicial or extra-judicial foreclosure proceedings.

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What is a Demand Letter Foreclosure?

The Demand Letter for Foreclosure is a crucial document in Philippine real estate and banking practice, serving as a prerequisite to foreclosure proceedings. It is typically used when a borrower has defaulted on their mortgage payments and the lender intends to exercise their rights to foreclose on the property. The document must comply with Philippine legal requirements, particularly Act 3135 governing extra-judicial foreclosure, the Civil Code of the Philippines, and relevant banking regulations. The letter includes essential information such as loan details, property description, default amount, payment demands, and consequences of non-payment. It represents a critical step in the foreclosure process, providing the borrower with a final opportunity to cure the default while establishing a paper trail for potential legal proceedings. The document is particularly important in the Philippine context where both judicial and extra-judicial foreclosure options exist, and specific legal protections like the Maceda Law may apply.

What sections should be included in a Demand Letter Foreclosure?

1. Sender's Details: Complete name, address, and contact information of the mortgagee/creditor

2. Date: Current date of the demand letter

3. Recipient's Details: Complete name and address of the mortgagor/debtor

4. Subject Line: Clear indication that this is a Demand Letter for Foreclosure with reference numbers

5. Loan Details: Specific information about the loan agreement, including date, principal amount, and interest rate

6. Property Description: Detailed description of the mortgaged property, including certificate of title number and location

7. Default Statement: Clear statement of the default, including the amount in arrears and period of default

8. Demand: Specific demand for payment, including total amount due, breakdown of principal, interest, and other charges

9. Notice of Consequences: Statement of intent to foreclose if payment is not made within the specified period

10. Payment Instructions: Clear instructions on how and where to make the payment

11. Closing: Formal closing with signature block for authorized representative

What sections are optional to include in a Demand Letter Foreclosure?

1. Previous Demands: Reference to previous demand letters or communications, if any

2. Grace Period Notice: Include if the property falls under the Maceda Law, specifying the grace period rights

3. Legal Authority: Citations of specific legal provisions, particularly useful when dealing with sophisticated parties

4. Settlement Options: Alternative payment arrangements or settlement options, if the creditor is willing to consider them

5. Power of Attorney Reference: If the letter is being sent by a representative, include details of the authority to act

What schedules should be included in a Demand Letter Foreclosure?

1. Statement of Account: Detailed breakdown of the outstanding amount, including principal, interest, penalties, and other charges

2. Copy of Mortgage Agreement: Photocopy of the relevant portions of the mortgage agreement showing the default provisions

3. Payment History: Record of payments made and missed payments

4. Property Documents: Copies of relevant property documents, including the Transfer Certificate of Title

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Demand Letter

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Banking

Real Estate

Financial Services

Legal Services

Property Development

Housing Finance

Mortgage Banking

Construction

Asset Management

Property Management

Relevant Teams

Legal

Credit Risk

Collections

Mortgage Operations

Real Estate

Compliance

Asset Recovery

Loan Administration

Default Management

Documentation

Property Management

Relevant Roles

Legal Counsel

Credit Risk Manager

Mortgage Officer

Collection Manager

Real Estate Manager

Loan Officer

Bank Manager

Property Manager

Legal Documentation Specialist

Compliance Officer

Asset Recovery Specialist

Credit Analysis Manager

Portfolio Manager

Default Management Officer

Real Estate Attorney

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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