Below is a practitioner-style, Philippine-context guide to your options after default on an SSS housing loan. You asked me not to search, so this relies on well-established rules under Philippine mortgage/foreclosure law (e.g., Civil Code, Act No. 3135 on extrajudicial foreclosure, Rules of Court) and typical SSS housing loan practices. Treat agency program names, fees, and cut-off dates as placeholders—they change; verify before filing.
Big picture: what “default” triggers
When you miss the required amortizations (often 3 consecutive months or per your loan contract), SSS may:
- Declare default and accelerate the debt (call the entire balance due);
- Add penalties/late charges, keep interest running, and add legal/collection fees if endorsed to counsel;
- Foreclose the mortgage (usually extrajudicial under Act No. 3135).
Your options cluster into: cure/reinstate, restructure, refinance/sell/assume, give back the collateral (dación en pago), contest/defend, and redeem if foreclosure proceeds.
Option 1: Cure & reinstate (bring the loan current)
What it is. You pay all arrears (missed amortizations), penalties, interest, and costs to lift the default and continue under the original schedule.
When usable. Before SSS issues the foreclosure referral—or sometimes up to a set cut-off (varies by internal policy). Even after referral, reinstatement is sometimes allowed if no sale yet and SSS agrees.
How to do it.
- Ask SSS for a Reinstatement Computation: arrears + penalty + legal fees (if any) + documentary charges.
- Pay in one lump sum; request a Default Lifted letter or updated Statement of Account confirming current status.
Pros/cons.
- ✅ Keeps your original interest rate and term.
- ❌ Requires lump-sum cash; penalties may be hefty.
Option 2: Restructuring / re-amortization (with or without condonation)
What it is. You and SSS modify the loan terms: extend the term, sometimes reduce the rate (policy-dependent), re-age arrears into the principal, and waive or condone part of penalties/interest (if a formal condonation window exists).
Typical flavors.
- Standard restructuring: roll arrears into new principal; extend term to reduce monthly amortization.
- Restructuring with penalty condonation: SSS may waive penalties (and sometimes a portion of interest) if you apply within a program period and meet eligibility (e.g., no prior restructuring abuse, collateral still in your name/possession, updated taxes/insurance).
- Calamity/force-majeure restructuring: special terms for disaster-affected borrowers (powerful if your default ties to a declared calamity).
Requirements likely asked. Application form; proof of capacity to pay (income docs); updated real property taxes (RPT) and fire insurance; IDs; the TCT/Tax Dec; and a property inspection.
Pros/cons.
- ✅ Lower monthly dues, potential penalty relief.
- ❌ Extends total interest over time; may require processing fees and updated insurances.
Option 3: Moratorium / temporary payment relief
What it is. A time-bound deferment of amortizations (e.g., a few months) due to job loss, illness, or calamity, with interest/charges treatment per policy.
Use cases. You can resume normal amortizations after the moratorium or convert to restructure later.
Caution. Moratoriums delay but do not erase obligations; know whether interest capitalizes during the pause.
Option 4: Refinance with another lender
What it is. A new loan (bank, Pag-IBIG, rural bank) pays off SSS in full. You end up with a new mortgage and fresh terms.
When viable. If you still have decent equity and income. Lenders will require clean title, updated taxes, appraisal, and no adverse annotations.
Pros/cons.
- ✅ Can secure a lower rate/longer term.
- ❌ Closing costs; speed matters if foreclosure is near.
Option 5: Private sale or assumption of mortgage (with SSS consent)
What it is. You sell the property—either pay off SSS in full or let a buyer assume the loan (SSS approval typically required; expect assumption processing and credit evaluation of the buyer).
Checklist.
- Get SSS payoff or assumption requirements;
- Signed Deed of Absolute Sale (payoff route) or Deed of Assumption/Novation (assumption route);
- Buyer’s income documents, IDs; RPT updated.
Pros/cons.
- ✅ Avoids foreclosure; may preserve credit standing.
- ❌ Buyer must qualify; due-on-sale clauses mean no unilateral assumption.
Option 6: Dación en pago (deed of assignment in payment)
What it is. You voluntarily convey the mortgaged property to SSS as full or partial settlement.
Key points.
- Requires SSS acceptance; property is vacant and unencumbered (other liens cleared).
- Parties sign a Deed of Dación en Pago; SSS processes title transfer.
- If value < debt, SSS may insist on deficiency unless the agreement says full satisfaction.
Pros/cons.
- ✅ Quick exit; stops legal costs.
- ❌ You lose the property; deficiency risk unless expressly waived.
Option 7: Contesting or slowing foreclosure (process defenses)
You cannot ignore notices. But you can check and challenge:
A. Loan/notice defects
- No proper demand or wrong address;
- Defective acceleration (contractual prerequisites not met);
- Improper computation (usury caps no longer apply, but unconscionable penalties can be struck down);
- Missing real property tax/insurance application of payments.
B. Extrajudicial foreclosure defects (Act 3135)
- Publication/posting defects (wrong newspaper, insufficient dates);
- Sale venue/time non-compliant;
- Attorney-in-fact authority defective.
Reliefs.
- Before sale: seek injunction/TRO if defects are substantial and you have a credible tender of payment (courts frown on stop-sale suits with no tender).
- After sale: file annulment of sale on jurisdictional defects and/or pursue redemption (see next).
Reality check. These defenses buy time or unwind truly defective sales; they are not substitutes for payment.
Option 8: After foreclosure—redemption vs. consolidation
Two foreclosure tracks and your post-sale rights differ:
Extrajudicial foreclosure (most common for SSS mortgages; Act 3135):
- There is a statutory right of redemption—commonly within one (1) year from registration of the Sheriff’s Certificate of Sale.
- To redeem, you pay the auction price plus interest and allowable costs to the buyer/mortgagee (coordination is required to compute exact sums).
- If you fail to redeem, the buyer (often SSS) may consolidate title; a new TCT is issued in the buyer’s name. The buyer is then entitled to a writ of possession (ministerial), and you can be ejected.
Judicial foreclosure:
- No post-confirmation redemption (only equity of redemption before sale confirmation). Less common for SSS.
Practical tip: Even if cash redemption is tough, negotiate during the redemption period: some creditors accept repurchase plans or settlement slightly above bid price rather than carry inventory.
Option 9: Dealing with deficiency balance
If auction proceeds (or dación value) are less than your total obligation, SSS can typically collect the deficiency unless your contract or settlement waives it.
Tools.
- Deficiency settlement plan (installments);
- Compromise (pay x% in lump sum);
- Scrutinize sale expenses and penalty computations for potential reductions.
Option 10: Taxes, insurance, and charges you’ll encounter
- Fire insurance and MRI (if applicable) must be current to restructure; expect catch-up premiums.
- Documentary stamp tax/registration fees pop up for restructures, assumptions, or dación.
- RPT must be current; arrears often block approvals.
- Capital gains tax/creditable withholding only if there’s a sale (not for mere restructure).
Likely timeline (stylized)
- M0–M3: Missed payments; late fees accrue; demand letter(s).
- M3–M6: Acceleration notice; referral for foreclosure; computation options: reinstatement or restructure.
- M6–M9: Notice of sale (3 weekly publications typical) → auction.
- Post-sale: One-year redemption window (extrajudicial track) → consolidation if no redemption → writ of possession.
(Your contract/office may move faster or slower.)
Decision tree (quick triage)
Can you raise a lump sum to reinstate?
- Yes → Get official reinstatement quote and pay before sale.
- No → Go to (2).
Can you afford a lower re-amortized payment?
- Yes → Apply to Restructure (ask if any penalty condonation window is open).
- No → Go to (3).
Exit options
- Refinance elsewhere; or
- Sell/assume (with SSS consent); or
- Dación en pago (seek deficiency waiver).
If sale is imminent
- Check notices for defects; consult on injunctive relief if merited;
- Plan for redemption or post-sale settlement.
Model, ready-to-edit request letters
A) Request for Reinstatement/Restructure (generic)
Date SSS [Housing/Loans Department] Re: Loan No. []; TCT No. []
I, [Name], respectfully request (a) a computation for reinstatement and (b) evaluation for loan restructuring with penalty condonation, if available.
I acknowledge arrears due to [reason: job loss/illness/calamity] and now have capacity to pay [attach proof]. Kindly advise the requirements, fees, and timelines, and place any foreclosure action on hold while this is processed.
Attachments: Valid ID, income docs, updated RPT receipt, insurance policy (if any).
Signature / Contact details
B) Offer of Dación en Pago
Date SSS [Housing/Loans Department] Re: Loan No. [____]; Property at [address]
In view of sustained inability to meet amortizations, I propose a dación en pago of the mortgaged property as full settlement of my obligation, inclusive of penalties/fees, subject to SSS inspection and clearance. I am prepared to vacate upon acceptance and processing.
Please provide the documentary and turnover requirements and confirm whether deficiency (if any) will be waived.
Signature / Contact details
C) Consent to Assumption of Mortgage
Date SSS [Housing/Loans Department] Re: Loan No. [____]; Proposed Assumption by [Buyer]
I request approval for assumption of mortgage by [Buyer], who is submitting income documents and IDs for evaluation. Kindly issue the assumption checklist and payoff figures if required.
Signature / Contact details
Practical checklist (what SSS typically asks for)
- Valid Government ID(s);
- Latest Statement of Account;
- Updated RPT official receipt;
- Fire insurance / MRI status;
- Proof of income (employment cert/pay slips/ITR/OTR);
- Photos/inspection of property;
- Civil status docs if ownership is conjugal (spousal consent for assumption/dación).
Common pitfalls (and fixes)
- Waiting for the auction notice before acting → Fix: Engage SSS early; options shrink nearer sale.
- Assuming “verbal okay” is enough → Fix: Get written approval for any hold, restructure, or assumption.
- Ignoring RPT/insurance → Fix: Update these; they’re gating items for approvals.
- Not negotiating deficiency after dación/sale → Fix: Ask for deficiency waiver or compromise in writing.
- Filing a case with no tender → Fix: If you seek to stop a sale, show ability to pay (full or reasonable tender).
What to bring to a lawyer (so your first meeting is productive)
- Your Loan Agreement/Promissory Note, Real Estate Mortgage, Disclosure Statement;
- All demand/acceleration/foreclosure notices;
- Latest SSS computations;
- RPT and insurance papers;
- Proof of income/new job/OFW contract/business;
- A candid cash-flow scenario (how much you can pay now and monthly).
Bottom line
- Before sale: your best shots are reinstatement (lump-sum), restructure (term relief, possible condonation), refinance, sell/assume, or dación.
- During/after sale: watch notice defects and use your statutory redemption (extrajudicial) while negotiating a repurchase/settlement.
- Deficiency doesn’t vanish by itself—negotiate it.
If you share your loan age, arrears amount, property value, and monthly capacity, I can draft a personalized action plan (timeline + letter pack) matched to your situation.