Friday, January 29, 2016

GSIS housing loan; preventing foreclosure of mortgage; sample letter to GSIS to suspend foreclosure and to clarify/reconcile accounts




January 8, 2016
URGENT MATTER –
Via Personal Delivery


Atty. xxx
Vice Pres. – Real Estate Asset
Disposition and Management
Office (READMO)
Government Service Insurance
System (GSIS)
GSIS Financial Center
Pasay City


Re:                      GSIS Housing Loan Account No. x x x; TCT No.  xxx
                             (As Cited in the “Final Demand Letter”, dated
October 22, 2015, issued by xxx, Manager, GSIS Housing Account Reconciliation Dept.)


Mabuhay:

           We are the legal heirs of the deceased ATTY. xxx, who died on February 20, 2008 in xxx City of natural cause.

          This refers to the conjugal/family home left by our said deceased father located at Lot xxx, Block xxx, xxx St., xxx Subdivision, xxx, xxx City, with a lot area of 219 sq. m., with improvements thereon, and covered by TCT No. xxx issued by Register of Deeds of xxx Province on March 20, 1972.

          We are writing in re: the aforementioned “Final Demand Letter”, dated October 22, 2015, issued by xxx, Manager, GSIS Housing Account Reconciliation Department, addressed to our said deceased father, which was received by us on December 10, 2015, giving him (i.e., his legal heirs or legal estate) 30 days from receipt thereof to settle the alleged total liability of P17, 831, 394.99, otherwise, the GSIS shall be constrained to cancel/foreclose the Deed of Conditional Sale (DCS)/Deed of Real Estate Mortgage (DREM) on the said property.

          This letter is co-signed and conformed to by the legal heirs of our deceased father, named hereinbelow who are present and available in the Philippines to sign this letter, as proof of my authority to write this letter to the GSIS in behalf of legal estate and all the legal heirs of my deceased father.

The purposes of this letter are (a) to seek from the GSIS a clarification of the vague, confusing or inaccurate data and figures contained in the GSIS accounting database relative to the loan account of  our deceased father and (b) to seek a fair and accurate updating and reconciliation of the true figures and data involving the said account of my deceased father.

          While the foregoing requested activities are in progress, being studied and reviewed by the GSIS and the legal heirs, we respectfully request that further legal actions, e.g., cancellation and foreclosure of the DCS and DREM be DEFERRED AND SUSPENDED, in the interest of justice and fairness.

          More particularly, we request the following:

1.      We request that a RECONCILIATION OF ACCOUNTS be made by the GSIS considering that there were non-posting or non-inclusion of payments made by our deceased father in 1972 and onwards.
2.    We request that the said 1972 payments be CREDITED against the principal loan (the official receipts for which are no longer available in our records);
3.    We request that the 1985 payments (P13,000.00 plus) be CREDITED against the principal loan (the official receipts for which are no longer available in our records but the said figure appears in the GSIS accounting database);
4.    We request that payment of another amount of P16,000.00 plus be CREDITED against the principal loan (the official receipts for which are no longer available in our records but the said figure appears in the GSIS accounting database).
5.     We request a clarification and/or correction of the real or correct principal amount of the loan, considering the following confusing information we have gathers from the GSIS:

(a)             In a Letter, dated February 28, 2003, issued by the GSIS Housing Finance Services, and signed by xxx, Vice President, together with the Statement of Account (SOA) as of December 31, 2002, copies of which are attached as Annex “A” to Annex “A-1” hereof, it is stated the outstanding balance was P434, 007.75, consisting of P36, 530.11 as principal, P227, 933.96 as interest, P168, 736,41 as surcharge, P798.75 as fire insurance premium, and P8.52 as surcharge of fire insurance premium.

(b)            In said Annex “A-1”, supra, the principal was P36, 530.11. The loan amount was P44, 000.00.

(c)             In a document entitled “LIST OF HIGHLY DELINEQUENT INDIVIDUAL REAL ESTATE LOANS (IREL) ACCOUNTS AS OF DECEMBER 31, 2002” published in The Philippine Star on March 9, 2003, Sunday, attached as Annex ”B” hereof, the outstanding balance of my deceased father was P193, 907.03.

(d)            In a Letter, dated March 9, 2006, issued by GSIS Housing Finance Administration Department and signed by xxx, Division Chief, attached as Annex “C” hereof,  the original loans were P44, 000.00 as principal and P14,000.00 as principal for Loan No. R00022490 and Loan No. R00022491, respectively.


In view of the foregoing facts, we further request that all payments against the principal be posted and recognized and that thereafter the interests be accurately computed as a basis for settlement of the said account of our deceased father; and that we be provided for a REVISED COPY OF THE STATEMENT OF ACCOUNT duly signed by the proper officers of the GSIS, for our further review and appropriate action.

Further, in the meantime, we respectfully request that the GSIS suspend/defer any legal action to cancel or foreclose the deed of conditionals sale and deed of real estate mortgage of  our deceased father, in the interest of justice and fairness.

Furthermore, we respectfully request the CONDONATION of the penalties and surcharges attributed to the said loan account of my deceased father, for reasons of compassion and humanitarianism, considering the service of more than 25 years of our deceased father to the Philippine Government (1954 or thereabout to 1980), more particularly as Public School Teacher and Acting Principal in xxx, xxx, as Messenger Clerk of the xxx, and later as Senior Researcher at the xxx (after taking up Law while working). He joined the Government Service in 1954 or thereabout. In 1980, he retired due to heart ailment. In 1990 he suffered a severe stroke. In 2000 he was bedridden due to a second attack of severe stroke. In February 2008 he died of heart and lung ailments in xxx City. Please see a copy of his Death Certificate as attached as Annex “E” hereof.  Before our father died, he informed us that he was working for the CONDONATION of his GSIS account, a matter which we respectfully wish to pursue thru this letter. 

          Finally, we respectfully manifest our willingness to amicably settle the account of our deceased father, for which reason we respectfully request a CONFERENCE with the proper GSIS officers assigned to study the account of our deceased father to discuss with them the foregoing prayers contained in this letter on such date and at such time as may be most convenient to the GSIS.
         
Thank you.


Very truly yours,

X x x
Legitimate Eldest Son Of the Deceased Atty. xxx
(Address)


CONFORME:



xxx
Widow of the Deceased Atty. xxx
(Address)

xxx
Legitimate Son of the Deceased Atty. xxx
(Address)

X x x
Acknowledged Illegitimate Son of the Deceased Atty. xxx
(Address)

X x x
Acknowledged Illegitimate Son of the Deceased Atty. xxx
(Address)


Notes:

1.      The legal heir xxx (my full-sister) died single in xxx on May 8, 1995 without legal heirs.

2.    The legal heir xxx (my sister) now lives and works in xxx as an xxx citizen.

3.    The legal heir xxx (my half-brother) also lives and works in xxx as a permanent resident therein.


X x x
Legitimate Eldest Son Of the Deceased Atty. xxx
(Address)

Copy Furnished:

xxx
Manager – Housing Accounts
Reconciliation Dept.
GSIS Financial Center
Pasay City
          (personal delivery)

File copy