Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?
Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.
Mortgage Still Valid Loan Restructuring AND Novation IN THE Philippines Reyes V BPI Family Savings Bank
When does loan restructuring cancel a real estate mortgage? The Supreme Court explains novation rules in Reyes v. BPI Family Savings Bank.
DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title
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.
Real vs Personal Action: Venue in Mortgage Cancellation Cases
When is a suit to cancel a real estate mortgage a real action? The Supreme Court explains how venue is determined.
Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer
A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.
Due Diligence in Real Estate Mortgages: A Lender's Responsibility
Philippine Supreme Court ruling on why mortgage lenders must verify borrower identity and property status before approving real estate loans.
Simulated Sale or Real Deal: How Philippine Courts Protect Property Owners From False Contracts
Philippine courts distinguish real estate mortgages from pacto de retro sales. Learn how judges protect property owners from fraudulent contracts.
Escalation Clauses in Philippine Real Estate Mortgages: Limits and Borrower Rights
Philippine Supreme Court ruling on mortgage escalation clauses, unilateral interest rate hikes, and borrower rights to refunds.
Mortgage Contracts and Future Advances: Understanding the Scope of Security in Philippine Law
When does a real estate mortgage cover future loans beyond the stated amount? The Supreme Court explains in Quintanilla v. RCBC.
Continuing Security in Mortgages: When Future Loans Are Covered
Philippine Supreme Court explains when real estate mortgages secure future loans beyond stated amounts, and the limits of injunctions against foreclosure.
Mortgaging Property With Pending Land Patent Applications: Risks and Requisites
Learn the legal risks of mortgaging property with pending land patent applications and the requisites for valid real estate mortgages in the Philippines.