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Download: Flyer (.PDF 349kb) Course Outline (.PDF 167kb) |
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presents
FRIDAY, MAY 7, 2021 * 1:30PM TO 4:30PM * via 
This pioneering webinar is a comprehensive guide that will teach you how to defend yourself against asset foreclosures. It is designed to give you the legal solutions and practical answers to secure your businesses and properties against the threat of foreclosures.
This 3-hour lecture session will fully discuss administrative, judicial and non-judicial remedies of the debtor-mortgagor, 14 substantive and 4 procedural grounds against foreclosures, 3 pre-emptive strikes debtors can do vs. foreclosures, 4 remedies against petition for ex-parte issuance of a writ of possession, and what one can do when your foreclosed property is sold under Special Asset Vehicle Law which is being revived by the government. Conversely, learn the legal actions and remedies of banks on foreclosures.
Learn from a banking expert on how to implement the right legal defenses & attacks against those who want to foreclose your properties. Save on legal costs and attend this program!
Course Director & Lecturer:
Atty. Nicasio C. Cabaneiro, CPA is an authority in the practice of commercial law and taxation with 45 years of teaching experience and 25 years with bank of Philippine Islands capping his career as its Vice-President and Head of the Legal Services Division (1982 to 2007). He is a sought-after lecturer and consultant of various institutions to help them resolve their legal issues. His advocacies include helping companies in distress and individuals facing foreclosures.
Presently, he is also the general counsel and corporate secretary of the Philippine Clearing House Corp. (PCHC) and Tuloy sa Don Bosco Street Children Foundation. He finished his accounting degree (Magna Cum Laude) and his law degree (Cum Laude) at the San Beda College of Law.
Atty. Nicasio C. Cabaneiro, CPA is an authority in the practice of commercial law and taxation with 45 years of teaching experience and 25 years with bank of Philippine Islands capping his career as its Vice-President and Head of the Legal Services Division (1982 to 2007). He is a sought-after lecturer and consultant of various institutions to help them resolve their legal issues. His advocacies include helping companies in distress and individuals facing foreclosures.
Presently, he is also the general counsel and corporate secretary of the Philippine Clearing House Corp. (PCHC) and Tuloy sa Don Bosco Street Children Foundation. He finished his accounting degree (Magna Cum Laude) and his law degree (Cum Laude) at the San Beda College of Law.
Who Should Attend:
• Business and Property Owners
• Entrepreneurs
• Board Directors
• Lawyers, Negotiators
• CFOs, Accountants
• Creditors & Debtors
• Financiers & Bankers
• SPAV Corporations
• Business Consultants
• Those interested to learn legal
techniques as a strategy for
asset protection.
*Training investment is P 3,880 inclusive of an e-certificate and a printed learning material
*Optional: Add P450 for a printed copy of a certificate of attendance inclusive of delivery charge
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• Business and Property Owners
• Entrepreneurs
• Board Directors
• Lawyers, Negotiators
• CFOs, Accountants
• Creditors & Debtors
• Financiers & Bankers
• SPAV Corporations
• Business Consultants
• Those interested to learn legal
techniques as a strategy for
asset protection.
*Training investment is P 3,880 inclusive of an e-certificate and a printed learning material
Contact Person: Kyra Villanueva
Mobile Number (+63 949) 414-3935
Telefax: (+632) 8842-7148 or 59
Email: kyra.cgbp@yahoo.com
Check: www.cgbp.ph
DEFENSIVE AND OFFENSIVE STRATEGIES VS.
ASSET FORECLOSURES
FRIDAY, MAY 7, 2021 * 1:30PM TO 4:30PM * via
COURSE OUTLINE
I. REMEDIES OF THE DEBTOR-MORTGAGOR
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(A) Administrative Remedies Against Foreclosures
a. File an Opposition or Objection to the Petition for Extra-Judicial Foreclosure
b. File a Petition for Certiorari and Prohibition under Rule 65
c. What to do if the Executive Judge denies the Opposition and gives due course to the Petition for Foreclosure
d. Remedy after the Auction Sale
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(B) 7 Non-Judicial Remedies of Debtors
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(C) Judicial Remedies to Fight Asset Foreclosures: 3 Pre-emptive Strikes of Debtors
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(D) Grounds Against Foreclosures
a. 14 Substantive Grounds
b. 4 Procedural Grounds
II. 6 REMEDIES OF DEBTOR AGGRIEVED BY FORECLOSURE UNDER ACT NO. 3135
III. 4 REMEDIES AGAINST PETITION FOR EX-PARTE ISSUANCE OF A WRIT OF POSSESSION
IV. IN ANTICIPATION OF A NEW SPECIAL PURPOSE VEHICLE LAW*
– SPV Law based on RA 9182 (SPV Act of 2002)
– SPV amended by RA 9343 July 25, 2005
RIGHTS OF THE DEBTORS WHOSE DEBTS ARE SOLD
OR ASSIGNED TO
A SPECIAL PURPOSE VEHICLE CORPORATION
1. Mandatory Opportunity to negotiate for the restructuring or amicable settlement for not more than 90 days
before the sale of non-performing loans.
2. The transfer price and the issues of: --Unjust enrichment; Barratry
3. The extra-ordinary fiduciary duty of the assigning bank towards the borrower under the New General Banking
Act and Special Purpose Vehicle Law.
4. The equitable right of redemption of the Borrower under Article 1634 of the New Civil Code
5. The mandatory requirement of the Truth and Lending Act for a Disclosure Statement in case of Assignment of Credit.
(a) Significance of the coverage of assignment of credit under the law (b) Penal Sanction for non-compliance
6. Substantive and procedural legal requirements to perfect the assignment. Is mere notice to the debtor sufficient?
7. Distinction between assignment under the New Civil Code and negotiation under the Negotiable Instruments Law of
Deposit Substitutes in the Secondary Market
NOTE: IN A PRESS RELEASE OF THE BANGKO SENTRAL NG PILIPINAS AS OF MAY 21, 2020, BSP Governor Benjamin Diokno stated that the Monetary Authorities are pushing for the enactment of the Financial Institutions Strategic Transfer (FIST) law to help banks facing difficulties amid the coronavirus disease 2019 (Covid-19) global pandemic. Diokno said the proposed law will be an enhancement to the Special Purpose Vehicle (SPV) Act of 2002, which gave exemptions on fee privileges to SPVs that invest in non-performing assets of the banks.
Under the proposal, Diokno said financial institutions may sell their non-performing assets (NPAs) to FIST corporations, which will be created as asset management corporations (AMCs) that will provided incentives to the financial institutions. He said this system will allow FIs to clear up their NPAs and have the additional funds to lend to their clients.
Under the proposal, Diokno said financial institutions may sell their non-performing assets (NPAs) to FIST corporations, which will be created as asset management corporations (AMCs) that will provided incentives to the financial institutions. He said this system will allow FIs to clear up their NPAs and have the additional funds to lend to their clients.
V. CORPORATE SUSPENSION OF PAYMENTS AND REHABILITATION
A. Automatic stay of all proceedings
B. “Equality in Equity” between secured and unsecured creditors
C. Ordinary and Extra-ordinary suspension of payments
D. Periods of stay or suspension of actions
E. Cramdown
F. Termination and lifting of suspension order
VI. REMEDIES OF THE BANKS
Note: CGBP also offers consulting service to those who may urgently need advice and assistance to those
with foreclosure issues.
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*Training investment is P 3,880 inclusive of an e-certificate and a printed learning material
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*Training investment is P 3,880 inclusive of an e-certificate and a printed learning material
*Optional: Add P450 for a printed copy of a certificate of attendance inclusive of delivery charge
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