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JurisprudenceG.R. No. 214520 -

G.R. No. 214520 - SPOUSES ROLANDO AND CYNTHIA RODRIGUEZ, VS. EXPORT AND INDUSTRY BANK, INC. (FORMERLY, URBAN BANK, INC.), THE CLERK OF COURT AND EX-OFFICIO SHERIFF, REGIONAL TRIAL COURT, CITY OF MAKATI AND THE REGISTER OF DEEDS, CITY OF MAKATI.

Cited Laws

RA 292,RA 627,RA 644,RA 178,RA 326,RA 508,RA 644RA 474,RA 271,
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TL;DR — Ruling

WHEREFORE , in view of the foregoing considerations, this court resolves the [Nullification] Complaint in favor of [Spouses Rodriguez] against [EIB], hence[,] this court hereby declares the [extra-judicial] foreclosure conducted on March 14, 2003 by the defendant Ex-Officio Sheriff, against the [Makati] property of [Spouses Rodriguez] as a NULLITY.

Decision

Ruling

WHEREFORE , in view of the foregoing considerations, this court resolves the [Nullification] Complaint in favor of [Spouses Rodriguez] against [EIB], hence[,] this court hereby declares the [extra-judicial] foreclosure conducted on March 14, 2003 by the defendant Ex-Officio Sheriff, against the [Makati] property of [Spouses Rodriguez] as a NULLITY. Therefore, the writ of possession issued in connection with said [extra-judicial] foreclosure is hereby lifted and set aside, hence[,] possession over the [Makati] property is ordered restored to [Spouses Rodriguez]. Thus, the new title of [EIB], TCT No. 220455, is correspondingly cancelled. Defendant Register of Deed s for Makati City is hereby ordered to restore the title of ownership of the [Makati] property in the name of [Spouses Rodriguez], with those mortgage liens and encumbrances by [EIB]. Cost de [officio]. SO ORDERED.