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Showing 265–288 of 422 articles for “mortgage”

Equitable Mortgage vs Absolute Sale: Protecting Your Property Rights in the Philippines

When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.

Choosing Foreclosure Vendor Cant Demand Unpaid Balance After Seizing Property

Philippine Supreme Court ruling: a vendor who forecloses a chattel mortgage cannot also sue for the unpaid balance. Article 1484 explained.

Loan Agreements and Chattel Mortgages: When Can a Signed Contract Be Challenged

A signed loan document isn't always binding. Learn when Philippine courts allow borrowers to challenge promissory notes and chattel mortgages.

Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?

Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.

Mortgage Foreclosure and Prescription: The 10-Year Limit on Debt Recovery

Philippine Supreme Court ruling on the 10-year prescription period for mortgage foreclosure actions and strict appeal deadlines.

Chattel Mortgage vs Installment Sales: Creditor Remedies in the Philippines

Philippine Supreme Court clarifies when a creditor may collect the unpaid balance after repossessing a vehicle under a chattel mortgage.

Foreclosure Sales and Labor Claims: When Buyers Are Not Liable for a Mortgagor's Debts

The Supreme Court clarifies that a mortgagee-creditor who buys foreclosed assets does not automatically assume the mortgagor's labor liabilities.

Double Sale Prior Good Faith Purchaser Prevails Over Subsequent Mortgagee

DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Land Transactions

When is a deed of sale actually a loan secured by property? The Supreme Court explains equitable mortgage protections for borrowers.

When a over his 15.3955-hectare unregistered parcel of land in Davao City in favor of Benny Go for P20,000.00.

Bacaron filed a complaint for reformation of instrument, arguing that the true agreement was an equitable mortgage. He pointed out that the P20,000.00 considera

Parol Evidence Rule Bars Verbal Conditions on Written Contracts: Allied Banking v. Cheng Yong

Supreme Court clarifies that clear written contracts cannot be varied by verbal stipulations, applying the parol evidence rule to loan and mortgage agreements.

Equitable Mortgage: When a Deed of Sale Disguises a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is really an equitable mortgage securing a debt.

Venue Disputes Distinguishing Real From Personal Actions In Contract Annulment

Philippine Supreme Court clarifies when an action to annul a loan and mortgage contract is personal or real for venue purposes.

Mortgage Agreements Defining THE Limits OF A Debtors Liability IN Philippine LAW

Philippine Supreme Court ruling on dragnet clauses in mortgages and their effect on a debtor's liability limit.

Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.

Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions

Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.

Good Faith Under Scrutiny Exploring THE Limits OF Mortgagee Protection IN Philippine LAW

Mortgage in Bad Faith When Due Diligence Falls Short

A mortgagee who fails to verify the identity and authority of the mortgagor is not in good faith and loses protection under PD 1529.

Dragnet Clauses in Mortgages: Limits on Securing Future Debts with Existing Collateral

Philippine Supreme Court clarifies when a dragnet clause in a real estate mortgage covers future loans, and when separate security prevails.

Lease After Foreclosure Overrides Writ of Possession: Philippine Rule

A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.

Equitable Interest When Mortgage Rates Clash With Legal Limits in the Philippines

Philippine Supreme Court ruling on redemption rights, mortgage rates, and legal limits in Banco Filipino case.

Homeowner Rights vs Developer Authority Clarifying Subdivision Regulations in the Philippines

The Supreme Court clarifies when a homeowner's Torrens title can be subdivided, and a bank's liability for releasing a mortgaged owner's duplicate certificate.

Mortgage Foreclosure and the Court's Ministerial Duty: Zarate v. Maybank

Learn how the Supreme Court ruled on dismissal for failure to prosecute in a mortgage foreclosure redemption case.