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my wife's problem with loansharks!!!
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TOPIC: my wife's problem with loansharks!!!

my wife's problem with loansharks!!! 1 year, 7 months ago #283

  • sprite77
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hi,am foreigner and lived in hk for several years.i had a good life there and enjoyed every minute of it.last year,i met my wife there( she was DH) and things went good for both of us.she had a bestfriend,also a pilippino DH and she became my friend too,since she was always with us during our stay in hk and she sometimes went with us on our "unintimate" dates.unknown to my knowlegde,she made a loan to Public Finance or what she said JCG, for her bestfriend.
we got married early this year and i brought her here in the US.a couple of months ago,and up to this date, she's receiving emails from her family way back home that the bank is sending her letters for the unpaid loans.this shocked her and what we did is to contact her bestfriend but to no avail.she found out from her other friend,that shes no longer in Hk,and she made one payment for that loan and when she learnt that my wife is leaving hk for good,she stop paying.
my wife's family is worried because they(bank) kept on sending letters and lately with a word of " final notice before site visit".my problem was, we bought a piece of land in Mandaue City and house and Lot in Bantayan Island which is in her name because she said it is the law of the philippines that my name cant be the registered owner since we bought the land and we are not married yet that time.Now,the bank has an agent in the phils that are hassling my in-laws. my concerns are;
1. do the bank can take our property because of the unpaid loan she made for her bestfriend?

2. is it possible that we will lost our properties and what legal actions do we have to do to avoid lossing it?

3.is it legal for them to take the property in the philippines to think that the loan was made in hk?

4.the loan agreement was signed by her in hongkong, is there a law in the phils that can stop them from applying the agreement in the philippine law?

5.what is the worst scenario in this case?

i would appreciate all your advise because it really worries me.my wife is pregnant and she's stress because of this mess!!! i dont want her to suffer like this and it scares me that her condition will affect the baby in her womb and her doctor told me that there is a possibility that she will suffer depression and it will surely affect the baby and our marriage....thank you all guys and i hope to hear from you. opinions and advise are very much welcome....

Re:my wife's problem with loansharks!!! 1 year, 7 months ago #287

  • sprite77
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looks like nobody knows what are the laws regarding my case,huh?

Re:my wife's problem with loansharks!!! 1 year, 7 months ago #288

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Let me try and answer your questions by item:

1. The bank cannot immediately take your property because of the unpaid loan unless that property was mortgaged in the same. If it was mortgaged and there was no payment of debt, the bank can foreclose your property and subject the said property to public auction.

2. Upon legal action, and the bank asked for the attachment of your property with the loan, then there is possibility that the property may be made to secure your loan and upon non payment of it, your property may be made to satisfy the obligation.

What you should do is go to the bank and ask for an accounting to see how much you owe them and work from there.

3. Question number 3 is unclear, we need to see the nature of the contract, how the property was incorporated therein and the parties as well.

4. If the contract was signed in Hong Kong and it is valid there, it is also valid here in the Philippines unless there are provisions, or, the contract as a whole is contrary to the laws of the Philippines.

5. The worst scenario is you will lose your property. Then again, your statement of facts is not clear. How did the said property become attached to the loan contract?

Re:my wife's problem with loansharks!!! 9 months, 2 weeks ago #597

  • foobarph
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let me try this as well as i am only an ordinary person, not an authority of law.

1. do the bank can take our property because of the unpaid loan she made for her bestfriend?
-> it depends. if she made that as a collateral, the bank can take it.

2. is it possible that we will lost our properties and what legal actions do we have to do to avoid lossing it?
-> it's possible. you can go to court and question any legal actions that the bank or anyone will issue upon you.

3.is it legal for them to take the property in the philippines to think that the loan was made in hk?
-> im not sure if international law will apply here but if HK can show that they have jurisdiction over this kind of case, surely they can. but as a general rule, Philippines law should apply here and any transactions made overseas is not binding unless stipulated in the contract.

4.the loan agreement was signed by her in hongkong, is there a law in the phils that can stop them from applying the agreement in the philippine law?
-> article iii, bill of rights, section 1.
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

5.what is the worst scenario in this case?
-> long litigation.

my best advise is, consult a lawyer of your choice.

also, find a similar case like yours and try to apply it in your case. if there is none, most probably, your case will become part of supreme court decisions later and our jurisprudence.
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