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Showing 289–312 of 416 articles for “foreclosure”

Foreclosure on Multiple Properties: Mortgage Indivisibility and Writ of Possession in the Philippines

Learn how Philippine law handles foreclosure of multiple mortgaged properties in different locations and the rules on writ of possession.

Pledged Shares and Lost Chances: No Right of Redemption in Philippine Pledge Law

Philippine Supreme Court clarifies that pledged personal property, including shares of stock, has no right of redemption after extrajudicial foreclosure.

Sheriff’s Duties and the Boundaries of Conduct in Foreclosure Sales

A sheriff’s fee demand before an auction can breach decorum. The Court fines a sheriff for conduct that put the judiciary in a compromising light.

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.

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.

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.

When Good Faith Fails: Financing Firm's Foreclosure Voided for Ignoring Occupants' Rights

A financing firm's foreclosure was voided for bad faith because it ignored occupants' notice of a prior unregistered sale. Learn the due diligence rule.

Maritime Liens AND Corporate Liability Understanding Vessel Foreclosure AND Debt Priority

Redemption Rights Upholding Timeliness IN Foreclosure Cases

Learn how the Supreme Court enforced strict deadlines for property redemption after extrajudicial foreclosure, and why timing matters.

The Ministerial Duty Securing Possession After Foreclosure IN THE Philippines

Philippine Supreme Court ruling on the ministerial duty to secure possession after foreclosure, explained in plain language.

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.

Redemption Rights Strict Compliance AND THE Limits OF Repurchase Agreements After Foreclosure

Philippine Supreme Court ruling on strict compliance with statutory redemption periods and limits of repurchase agreements after foreclosure.

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.

Conditional Sales of Land: Upholding Contractual Obligations in Real Estate Transactions

Philippine Supreme Court ruling on foreclosure, redemption rights, and the consequences of failing to prosecute a case for injunction.

Foreclosure AND Moral Damages Upholding Banks Right TO Possession BUT Requiring Fair Dealing

Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales

Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.

Writ OF Possession Mortgagees Right Prevails Despite Pending Challenges TO Foreclosure

Upholding Public Trust: A Sheriff’s Liability for Unauthorized Foreclosure Sales

A sheriff who conducted foreclosure sales outside court authority was suspended for six months for breaching public trust in the judiciary.

Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes

Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.

When a Writ of Possession Is Ministerial: Lessons from a Judge's Administrative Case

The Supreme Court explains why a judge cannot be disciplined for issuing a writ of possession after foreclosure, even if the mortgagor questions the mortgage's validity.

Foreclosure Rights VS Damages Dbps Mortgage Lien AND THE Limits OF Injunction

When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure

A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.

Notice Requirements in Foreclosure: When Lack of Specificity Matters

Philippine Supreme Court ruling on when failure to allege lack of publication in foreclosure complaints bars relief for mortgagors.

DUE Process AND Foreclosure Upholding Ministerial Duty IN Writ OF Possession