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Showing 49–72 of 74 articles for “equitable mortgage”

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending

When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.

When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz

The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.

Substantial Compliance When Overly Strict Rules Give Way to Justice in Labor Disputes

The Supreme Court reminds litigants that procedural rules yield to substantial justice, as shown in a case on equitable mortgage and res judicata.

Equitable Mortgages Have No Redemption Right in Judicial Foreclosure for Private Mortgagees

In a judicial foreclosure of an equitable mortgage by a private lender, the mortgagor has no right of redemption after confirmation of sale.

Sale and Leaseback as Disguised Loan: When Financial Leasing Is an Equitable Mortgage

Philippine Supreme Court clarifies when a sale and leaseback is a disguised loan secured by chattel mortgage, not a true financial lease.

Compromise Agreements Upholding Obligations AND Equitable Relief IN Property Disputes

Philippine Supreme Court ruling on sale-leaseback arrangements, equitable mortgages, and deed of assignment effects on debtor obligations.

When a Sale-Leaseback Is Really a Loan: Cebu Contractors Consortium v. Court of Appeals

The Supreme Court ruled that a sale-leaseback arrangement was actually an equitable mortgage, not a true financing lease, and ordered the contract reformed.

When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.

When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers in Land Transactions

When is a deed of sale with right of repurchase actually an equitable mortgage? The Supreme Court explains in Blancia v. Calauor.

Equitable Mortgage VS Absolute Sale Protecting Property Rights IN Financial Distress

Deed of Sale or Loan Understanding: Equitable Mortgage in Philippine Property Law

When is a deed of sale really an equitable mortgage? The Supreme Court clarifies the rules on when courts will presume a loan arrangement.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Financial Distress

When is a deed of absolute sale really a mortgage? The Supreme Court explains how courts protect borrowers who sign sale documents under financial pressure.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas

Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.

Equitable Mortgage VS Absolute Sale Determining True Intent IN Property Transactions

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine courts look beyond contract labels. Learn how Articles 1602 and 1603 protect borrowers from disguised loans and unfair foreclosure.

Equitable Mortgage vs Pacto de Retro Sale: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on when a sale with right to repurchase is actually an equitable mortgage, protecting property owners from unfair transactions.

Equitable Mortgage vs. Sale With Right to Repurchase: Philippine Supreme Court Ruling

Philippine Supreme Court explains when a "sale with right to repurchase" is actually an equitable mortgage, protecting borrowers from unfair foreclosure.

Unmasking Equitable Mortgages in the Philippines: When a Deed of Sale Isn’t Really a Sale

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, protecting borrowers from unfair land deals.

Equitable Mortgage in Philippine Real Estate: Protecting Your Property Rights

When is a deed of sale actually an equitable mortgage? Learn how Philippine courts protect property owners from disguised loan transactions.

Equitable Mortgage vs. Pacto de Retro Sale: When a "Sale" Is Really a Loan

Philippine law presumes certain "sales with right to repurchase" are equitable mortgages, protecting borrowers from unfair lending arrangements.

Equitable Mortgage vs Sale: Protecting Property Rights in Philippine Ejectment Cases

Philippine Supreme Court clarifies when a deed of sale is actually an equitable mortgage, and how courts may rule on ownership in ejectment suits.

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

Learn how Philippine courts distinguish equitable mortgages from absolute sales to protect property owners from hidden credit arrangements.