Nangutang pambili sasakyan sa bangko, hindi naghulog pala bayad ang nakabili

anonymous
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Bumili po ng sasakyan ang pinsan ko pero naibenta nya po to sakadahilanan na sya ay nagkasakit. Hindi nya po naayos sa banko ang pagsasaling ng responsibilidad ng pag babayad buwan buwan dun sa pangalan ng nakabili pero meron po kaming deed of sale. Ngaun po nagsampa ng kaso ang bangko laban sa pinsan ko dahil hindi po pala nagbabayad yung nakabili ng sasakyan nya sa banko. May laban pa po ba kami dun kasi po ibinenta na rin nung nakabili yung sasakyan at ngaun dinala sa Mindanao? Ano po ba ang pwede naming ikaso sa bumili ng sasakyan? Pwede po bang makulong ang pinsan ko dahil sa naging utang nya sa banko?

Maraming salamat po sa pagsagot.

 

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Adelaimar C Arias-Jose
is a Legal expert in the Philippines
Well, it's difficult to say. Kasi, when the bank granted the loan that enabled your cousin to buy a car on installment, the loan application was approved based on your cousin's credit standing and credit history. When he sold the unit without informing the bank, your cousin actually breached the loan agreement as well as the chattel mortgage. He impaired the right of the bank to security for the loan it had extended. So, now, the bank cannot find the car, it cannot run after your cousin, and it cannot run after the person who bought the car.

If the bank only brings a civil case for collection of the sum of money it had loanwd to your cousin, then your cousin will not go to jail. But if the bank files a complaint for estafa, or fraud, then, there is a possibility that your cousin may be arrested.

It will be wise for your cousin to hire a lawyer. This is a serious problem.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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