Legal Question in Real Estate Law in Philippines
non-payment of a loan
Someone borrowed some moeny from me and the written agreement between us was that the borrower was to repay the loan within 4 months. The borrower has not paid the principal and has stopped paying the interest. Come to find out, the lender used a fake property title. I now want to send a demand letter to ask for the lender to pay the principal, the interest, and other expenses such as the an Attorney's fee etc. that I will now have to incur due to her degligence. Can I make hthe borrower pay the other expenses even if it was not included in our original papers. In the U.S., Attys. advertise that the client does not pay unless the Atty wins. Is that the same in the Philippines?
1 Answer from Attorneys
Re: non-payment of a loan
you can only demand payment of what has been expressly mentioned in your agreement, specially if it refers to interest charges. the damages and attorneys fees including cost of suit is recoverable even if not included inthe agreement.
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