Extra-judicial foreclosure of real estate mortgages in the Philippines is primarily governed by Act No. 3135, as amended (and related banking/special laws where applicable). Unlike judicial foreclosure (a regular court case), an extra-judicial foreclosure is conducted through a public auction without a full trial, typically by the Office of the Clerk of Court (OCC) / Ex Officio Sheriff of the Regional Trial Court (RTC) or, in some instances, by a notary public authorized under the mortgage and the law.

Because it is “extra-judicial,” people are often surprised that there can still be “RTC records”—they just don’t look like a conventional civil case folder. The “court records” you can obtain usually fall into two buckets:

The extrajudicial foreclosure (EJF) file maintained by the RTC Office of the Clerk of Court / Ex Officio Sheriff (administrative/sheriff level, often docketed as EJF No. or similar); and/or
Ancillary RTC case records, most commonly a petition for a writ of possession (often ex parte) filed after the auction and/or after consolidation of title.

This article explains what records exist, where they are kept, and how to obtain certified copies—even if you don’t know the docket number.

1) What “RTC court records” exist in an extra-judicial foreclosure

A. The Extrajudicial Foreclosure (EJF) file (Office of the Clerk of Court / Ex Officio Sheriff)

In many jurisdictions, the mortgagee (bank/creditor) files an application/request for extrajudicial foreclosure with the RTC Office of the Clerk of Court, which acts as Ex Officio Sheriff. The OCC/EOS then processes the foreclosure sale and keeps a file.

Common contents of the EJF file:

Application/request to foreclose extrajudicially
Copy of the real estate mortgage (and special power to sell clause)
Statement of account / computation of obligation (varies by practice)
Notice of Sheriff’s Sale / Notice of Extrajudicial Sale
Proof of posting (often: sheriff’s certificate/return of posting)
Proof of publication (affidavit of publication + newspaper clippings/tear sheets)
Minutes/record of auction (sometimes) and bid documents (varies)
Certificate of Sale and sheriff’s return
Accounting of proceeds and sheriff’s fees (varies)
Other correspondence, certifications, and implementation documents

Practical point: This is often the “RTC record” people mean when they say “foreclosure records at the RTC,” even though it’s not a trial case.

B. The Petition for Writ of Possession file (RTC branch)

After a foreclosure sale, the purchaser (often the bank) frequently files a petition for issuance of a writ of possession with an RTC branch. This is a true court proceeding (often ex parte in many scenarios), and it creates a separate case record.

Common contents:

Petition for writ of possession
Annexes (mortgage, certificate of sale, title, proof of consolidation, etc.)
RTC order(s) granting the petition
The writ of possession
Sheriff’s return and implementation reports
Motions/oppositions (if filed by occupants)
Related orders (break-open orders, notices to vacate, etc., when applicable)

C. Litigation records attacking or affecting the foreclosure

Separate cases may exist if someone challenged the foreclosure or possession, such as:

Civil case for annulment/nullification of foreclosure sale, damages
Injunction/TRO proceedings
Actions involving redemption disputes, third-party claims, or title issues

These are not automatically part of the EJF file—you must locate them separately.

2) Where to get foreclosure records (the “record map”)

For due diligence, it helps to think of foreclosure documents as distributed across offices:

1) Registry of Deeds (RD) (strong starting point)

RD records often reveal:

The annotation of the mortgage and foreclosure instruments on the title (TCT/CCT)
Instrument details (entry numbers, document numbers, dates)
Registered copies of the Certificate of Sale, Affidavit of Consolidation, and resulting title transfers (when applicable)

Even if your goal is “RTC records,” the RD often provides the breadcrumbs (dates, parties, instrument numbers) that let you find the correct RTC file quickly.

2) RTC Office of the Clerk of Court / Ex Officio Sheriff (OCC/EOS)

This is the home of the EJF file (when the foreclosure was processed through the OCC/EOS).

3) RTC branch where writ of possession was filed

This is where the writ of possession case record lives.

4) Notary Public / Notarial Records

If the foreclosure was conducted by a notary public (or if you need notarial proof of documents), notarial records can matter. Under the notarial rules, the notarial register and related submissions can sometimes be traced through the clerk of court.

5) Newspaper of general circulation

If you need proof of publication beyond what’s in the RTC file, the newspaper can provide certifications/archives.

3) Before you request: collect identifiers (this saves trips)

Bring (or write down) as many of these as possible:

Property identifiers

TCT/CCT number (and old title number, if any)
Lot/Block, project/subdivision, address, city/municipality, province

Party identifiers

Mortgagor/registered owner name(s) (exact spelling)
Mortgagee/purchaser (bank/creditor) name(s)

Foreclosure identifiers (any one helps)

Date of auction
Date of registration of certificate of sale at RD
Name of sheriff/notary who conducted the sale
EJF number (if known)
Branch/case number for writ of possession (if known)

4) Step-by-step: how to get the RTC EJF foreclosure file

Step 1: Identify the correct RTC station

Venue is typically tied to where the property is located (city/province). Go to the RTC station serving that locality.

Step 2: Go to the Office of the Clerk of Court / Ex Officio Sheriff

Ask specifically for:

“Extrajudicial foreclosure records / EJF file”
Provide the property location and the names of parties
If you know the EJF number, give it; if not, request a records search by:
- Mortgagor name
- Mortgagee/bank name
- Approximate auction date
- Title number / property location

Tip: Many offices maintain a logbook/index of EJF filings.

Step 3: Request the type of access you need

There are three practical levels:

Inspection/viewing (reading the file)
Plain photocopies/scans (for reference)
Certified True Copies (CTCs) / certified photocopies (for official use)

If your purpose is legal filing, RD transactions, bank compliance, or formal proof, ask for CTCs.

Step 4: Submit a written request

Many RTC offices prefer or require a short letter. Include:

EJF number (if any)
Parties and property details
Specific documents requested (or “entire EJF record”)
Purpose (e.g., due diligence, title verification, court filing—keep it factual)
Your contact details

If you are not the mortgagor/mortgagee: bring valid ID; if requesting for a company or another person, bring an authorization letter or Special Power of Attorney (SPA) as appropriate. Some offices provide broader access to parties-of-record; third-party access can be more discretionary depending on the sensitivity of personal data in the file.

Step 5: Pay fees and follow the release process

Expect:

Per-page photocopying/scanning costs
Certification fees (for CTCs)
Possible processing/retrieval fees if records are archived

Payment is usually through the court cashier and evidenced by an official receipt.

Step 6: Check for completeness and matching details

Before leaving, confirm that the copies include key attachments:

Notice of sale
Proof of posting
Affidavit of publication + clippings
Certificate of sale
Sheriff’s return

5) Step-by-step: how to get RTC records for the Writ of Possession

Step 1: Determine whether a writ of possession case exists

Signs it likely exists:

The bank/purchaser took physical possession despite occupancy
A sheriff served notices to vacate or implemented eviction/turnover
There was a “break-open” or implementation activity
Title has been consolidated and the purchaser acted quickly to possess

If you don’t know the case number, ask the OCC and/or branch clerks for a search by:

Purchaser/bank name as petitioner
Mortgagor/occupant name as respondent
Property location
Approximate filing date (often after auction registration or after consolidation)

Step 2: Request records from the RTC branch clerk

Once you identify the case (case number, branch), request:

Petition for writ of possession and annexes
Order granting the writ
Issued writ
Sheriff’s return/implementation reports
All subsequent motions/orders (if any)

Step 3: Ask for CTCs if the documents will be used as formal proof

Orders and writs are usually best obtained as CTCs.

6) If you don’t know the EJF number or the RTC branch: how to find it

Use a “triangulation” approach:

A. Use the Registry of Deeds as an index

Get a certified true copy of the title (TCT/CCT) and check annotations:

Mortgage annotation (gives creditor, instrument date, sometimes document numbers)
Foreclosure-related annotations (often refer to certificate of sale, dates, entry numbers)

Also request RD copies of registered instruments:

Certificate of Sale
Affidavit of Consolidation (if title consolidated)
Deed of sale/transfer instruments (if applicable)

These documents often reveal:

Name of sheriff/notary
Exact sale date
Registration date (crucial for redemption timelines)
Sometimes the EJF reference

B. Ask the OCC/EOS to search their EJF index

Provide:

Names of parties + property location
Approximate year/month of sale

C. Track publication

If you know the likely newspaper, request archive confirmation of the notice. The affidavit of publication (and issue dates) can pinpoint the auction window and help the RTC locate the file.

D. Ask the bank/creditor (when you have a legitimate basis)

Banks typically keep foreclosure packets (not always complete), including:

Notice of sale
Certificate of sale
Proofs of publication/posting
Writ of possession pleadings

7) What to request: a practical “document checklist”

When doing due diligence on an extrajudicial foreclosure, commonly requested documents include:

From RTC OCC/EOS (EJF file)

Application/request for extrajudicial foreclosure
Notice of extrajudicial sale
Sheriff’s certificate/return of posting
Affidavit of publication + newspaper clippings
Certificate of sale
Sheriff’s return/auction report and proof of proceeds remittance (if available)

From RTC branch (writ of possession)

Petition + annexes
Orders and writs
Sheriff’s return and implementation documents
Any opposition/motions/orders

From Registry of Deeds

Certified true copy of title (before and after foreclosure/consolidation, if applicable)
Certified copies of annotated instruments: certificate of sale, affidavit of consolidation, deed of sale/transfer

8) Understanding timelines (why dates on records matter)

Key dates you will see in the documents often control rights and remedies:

Publication dates (must satisfy statutory requirements for notice)
Auction date (sale date)
Registration date of the Certificate of Sale at RD (often the starting point for redemption periods in many scenarios)
End of redemption period (varies depending on the nature of the mortgagor and the foreclosing entity; special banking rules may apply)
Consolidation date (affidavit of consolidation and issuance of new title)
Writ of possession filing/issuance date (possession transfer process)

When verifying regularity, the sequence matters as much as the individual documents.

9) Access rules, privacy, and practical limits

Philippine court records are generally associated with the principle of open courts and public access, but in practice:

Parties-of-record often get easier access.
Third parties can usually obtain access when they have a legitimate interest (e.g., prospective buyer doing due diligence), but an office may ask for a written request, ID, authorization, or a more specific description of what you need.
Some courts may restrict copying of certain personal data or require court permission for broader releases, especially when records contain sensitive personal information.

If a requested release is limited, it helps to narrow the request to foreclosure-specific instruments (notice, posting, publication, certificate of sale, sheriff’s return) and/or obtain parallel proof from the Registry of Deeds, which is designed for public reliance on registered instruments.

10) What to do if the file is “archived,” missing, or incomplete

A. Archived records

Older EJF files may be kept in storage/archives. Ask for:

Retrieval procedure
Estimated retrieval period (varies by station)
Whether only specific documents can be pulled faster than the entire file

B. Missing or incomplete documents

Common workarounds:

Obtain registered documents from the Registry of Deeds (certificate of sale, consolidation instruments)
Request duplicate proof from the newspaper (publication certification)
Request certification or copies from the sheriff’s office/OCC logbooks (existence of filing, dates, EJF number)
Use notarial records if the foreclosure/related instruments were notarized and the notary’s documents are traceable through the clerk of court submissions

When a record is critical and cannot be produced, the path forward can shift from “request” to “formal court process” (e.g., motions or petitions to compel production or establish secondary evidence), depending on purpose.

11) Sample request formats (adapt to your situation)

A. Request for Certified True Copies (EJF records)

To: Office of the Clerk of Court / Ex Officio Sheriff, RTC (Station) Re: Request for Certified True Copies – Extrajudicial Foreclosure (EJF)

Include:

EJF No. (if known)
Names of mortgagor/mortgagee
Property location and TCT/CCT number
Specific documents requested (or entire file)
Purpose (brief, factual)
Your name, address, contact number, and ID details

B. Request for Certified True Copies (Writ of Possession case)

To: Branch Clerk of Court, RTC Branch __ Re: Request for Certified True Copies – Writ of Possession Case No. __

Include:

Case number and title
Specific pleadings/orders/writ requested
Your relation/interest (party/authorized representative/legitimate interest)
Contact details and ID/authority documents

12) Quick summary: the fastest path to “RTC foreclosure records”

Get the title (TCT/CCT) annotation from the Registry of Deeds to identify foreclosure instruments and dates.
Go to the RTC OCC/Ex Officio Sheriff in the property’s locality and request the EJF file (or key documents as CTCs).
Separately check for a writ of possession case at an RTC branch and request the case record if possession was pursued through court action.
Cross-check RTC documents against RD registrations (certificate of sale, consolidation, new title) for consistency of dates and parties.