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ANSWER
WITH COUNTERCLAIM
Defendant THIM MCKEY BANK, by counsel and unto this
Honorable Court, most respectfully states and avers that:
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extrajudicial foreclosure sale. With regard to the transfer certificate,
plaintiff failed to establish that the documents were falsified and also
failed to present the original copy;
12. Paragraphs (28), (29) and (30) were all denied by the
defendant for it was conclusive and should not have been pleaded in
the complaint. The plaintiff makes conclusions based on existing laws
and improperly implicates the defendant as a violator of such laws
without presenting proper evidence;
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13. Paragraph (31) is also denied by the defendant, the plaintiff
does not have legal standing to claim for the remedy of injunction and
to ask for the nullity of the foreclosure sale without first establishing his
right to ownership of the subject property; and
Affirmative Defenses
15. Defendant reiterates, repleads and incorporates by
reference all the foregoing in so far as they are material and
additionally submit that the Complaint should be dismissed because:
Counterclaims
16. Defendant reiterates, repleads and incorporates by
reference all the foregoing in so far as they are material and
additionally submit that it is entitled to relief arising from the filing of this
malicious and baseless suit, as follows:
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16.2 Attorney’s fees amounting to Fifty Thousand Pesos
(Php 50, 000.00) because it was compelled to secure
services of counsel to vindicate its rights.
Prayer
17. Wherefore, premises considered, it is respectfully prayed
that this honorable court render judgement as follows:
17.6 Grant such other relief consistent with the law and
equity and for the cost.
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Copy furnished :
ATTY. MAKAULAW
Counsel For The plaintiff
CSU Andrews Campus
Tuguegarao City
Explanation
Copy of this foregoing ANSWER was served to the plaintiff’s
counsel by registered mail due to time and distance constraint and
for the lack of the undersigned’s staff who can serve the same in
person.
VERIFICATION AND CERTIFICATION OF NON – FORUM
SHOPPING
Chim Panzee
affiant
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SUBSCRIBED AND SWORN to before me, this _____23rd of
September 2018________, by ______Chim Pamzee_______ who
exhibited to me his Community Tax Certificate No.
____8976874634_________ issued at ___ Diaybakir__________,
Philippines.
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