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Showing 49–72 of 75 articles for “mortgages”

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.

Mortgage in Good Faith: How Registered Mortgages Protect Lenders Despite Title Defects

Philippine Supreme Court ruling on how registered mortgages protect lenders in good faith, even when prior unregistered sales exist.

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

Losing Your Day in Court: Understanding the Strict Rules of Appeal in Philippine Law

The Supreme Court clarifies that permanent injunctions cannot bar government banks from foreclosing mortgages, and explains the limits of moral damages.

Mortgage in Good Faith: How Banks Are Protected From Fraudulent Land Titles in the Philippines

Philippine Supreme Court ruling on how banks that accept mortgages in good faith are protected from forged or fraudulent land titles.

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.

Unregistered Mortgage vs Notice of Lis Pendens: Priority Rights in Foreclosure

Philippine Supreme Court ruling on priority between unregistered mortgages and notices of lis pendens in property foreclosure disputes.

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.

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.

Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?

Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.

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.

Protecting Condominium Buyers: Annulling Improperly Foreclosed Mortgages

When a developer mortgages condominium units without required approval, buyers can annul the mortgage and foreclosure. Learn the rules from a Supreme Court case.

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.

Accommodation Mortgages and Redemption Rights: Limits of Debtor Liability

Philippine Supreme Court ruling on accommodation mortgagors' redemption rights and liability limits under P.D. 694 and Act 3135.

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.

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.

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.

Clouded Titles: Protecting Land Ownership Rights Against Invalid Claims

Learn how the Supreme Court protects land ownership rights when fraudulent claims, invalid mortgages, and void free patents cloud title.

Co-Ownership Rights: Protecting Inherited Property From Unauthorized Mortgages

A co-owner cannot mortgage inherited property beyond his own share. Learn the rules protecting co-heirs from unauthorized encumbrances.

Acceleration Clauses in Philippine Chattel Mortgages: Rights and Limitations

Philippine Supreme Court ruling on acceleration clauses in chattel mortgages, good faith, and damages for wrongful 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 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 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.

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.