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Showing 25–48 of 56 articles for “mortgage foreclosure”

Forum Shopping in Mortgage Disputes: When Causes of Action Differ

Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.

Mortgage Foreclosure Minor Errors IN Notice DO NOT Necessarily Void THE Sale

Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer

Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.

Dacion en Pago and Foreclosure: When a Debt Remains a Debt

A Supreme Court ruling clarifies that an unaccepted dacion en pago does not extinguish a debt, allowing mortgage foreclosure to proceed.

Mortgage Foreclosure and Prescription: When Inaction Leads to Loss of Rights

A mortgage action prescribes in 10 years. Learn how inaction and procedural missteps cost a lender its foreclosure rights.

Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines

Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law

Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.

Interest on Interest in Philippine Mortgages: The Cuyco Case Explained

The Supreme Court explains when unpaid interest earns further interest in mortgage foreclosures, and when future loans need not be secured.

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.

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.

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.

Tax Sale Trumps Mortgage Foreclosure When Property Title Shifts Due to Tax Delinquency

Supreme Court rules that a tax delinquency sale can render a mortgage foreclosure petition moot and academic when title has already transferred.

Forum Shopping and Due Process in Mortgage Foreclosure: Avoiding Multiple Suits

Philippine Supreme Court ruling on forum shopping, due process, and the risks of filing multiple injunction suits in mortgage foreclosure cases.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Mortgage Foreclosure After Full Payment Is Void: PNB v. Court of Appeals

A mortgage foreclosure is void if the loan it secures was already paid. Learn the rules from this Philippine Supreme Court case.

Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption

A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.

Usury Law and Mortgage Foreclosure: Protecting Borrowers From Excessive Interest

When a loan's hidden interest exceeds the Usury Law's 12% cap, the mortgage securing it may be void, and foreclosure invalid.

Perfecting A Loan Delivery IS KEY To Mortgage Foreclosure

A loan is perfected only upon delivery of money. Foreclosing before that makes the foreclosure premature and exposes the lender to damages.

Judicial Ethics and Public Trust: Lessons from a Foreclosure Dispute

A mortgage foreclosure dispute teaches key lessons on judicial ethics, public trust, and why the Supreme Court limits factual review.

Protecting Condominium Buyers: Annulling Mortgage Foreclosure for Undeclared Encumbrances

Learn how the Supreme Court protected a condominium buyer from foreclosure due to undeclared mortgages, and what this means for property buyers.

Mortgage Foreclosure Intervention Rights AND Equity OF Redemption IN Property Disputes

Deficiency Claims in Chattel Mortgages: Creditor Rights After Foreclosure in the Philippines

Learn how Philippine law governs deficiency claims after chattel mortgage foreclosure, including creditor rights and borrower protections.

Court Personnel Dismissed for Mishandling Auction Proceeds in Chattel Mortgage Foreclosure

Sheriff and clerk of court dismissed for failing to turn over excess auction proceeds to mortgagor in chattel mortgage foreclosure.