Saturday, October 4, 2008

Real estate cases

Last Friday, I attended two court hearings, both of them relating to real estate.
In one case, I am acting as legal counsel of a mortgagor, owner of a land whose land has been foreclosed.
I am asking the court to annul the mortgage.
My client's contention is that the bank breached their loan agreement for over-charging her on her monthly amortizations.
The over-charge was passed off as Value Added Tax collection, when at that time, the banks were non-VAT enterprises, meaning, banks were not supposed to collect VAT.
In the other case, my client, a real estate developer was included as a defendant by homeowners.
The homeowners were complaining that the landowner adjacent to their lots was harrassing them, claiming the lots encroached on the neighbor's land.
The homeowners, seeking an injunction, claim they are buyers in good faith.
The inluced my client the developer since it was the one who sold the lots to them in ---can you believe this--- 1983.
My client's defense: laches.
Whatever it is that the neighboring landower is claiming against the homeowners, it slept over it for the last twenty five years.
The titles of the homeowners are indefeasible.

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