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Showing 97–120 of 416 articles for “foreclosure”

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

Redemption Rights and Time Limits: When the Clock Stops Ticking in Foreclosures

Understand when a foreclosure buyer gets possession, how redemption periods work, and why a donation mortis causa needs probate.

Mortgage Foreclosure: Default Admissions Justify Summary Judgment

When a debtor admits default on a secured loan, Philippine courts may grant summary judgment in mortgage foreclosure without full trial.

Redemption Rights and Bank Foreclosures: What GE Money Bank v. Spouses Dizon Teaches Us

Partial payments during the redemption period do not perfect a mortgagor's right to redeem foreclosed property, unless the bank's conduct clearly induces reliance.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

Redemption Rights Clarifying Repurchase Price After Foreclosure Of Public Land

Supreme Court clarifies the repurchase price for foreclosed free patent land under Section 119 of the Public Land Act.

Foreclosure Sales Strict Compliance With Publication Requirements

Philippine Supreme Court rules that failure to strictly comply with publication requirements in extrajudicial foreclosure sales invalidates the sale and makes the notary public liable for damages.

Strict Rules on Foreclosure Notice Publication: What Philippine Mortgagors Should Know

Philippine Supreme Court ruling on strict compliance with foreclosure notice publication requirements and consequences of defective notices.

Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure

The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.

Clarifying Notice Requirements in Extrajudicial Foreclosure: Minor Errors Don't Void the Sale

When do errors in a foreclosure notice invalidate the sale? The Supreme Court clarifies that immaterial mistakes won't void an extrajudicial foreclosure.

Housing Loan Foreclosure: Employee Rights and Lender Obligations Under Philippine Law

When can a bank foreclose on an employee housing loan? The Supreme Court explains the limits of RA 6552 and lender rights.

Foreclosure Sales: The Impact of Non-Registration on Property Rights in the Philippines

Learn how the Supreme Court ruled that non-registration of a judicial foreclosure sale does not defeat the purchaser's rights.

Mortgage Disputes, Good Faith, and Final Judgments in Philippine Foreclosure

Philippine Supreme Court ruling on mortgage foreclosure, good faith of banks, and the finality of judgments in property disputes.

Usurious Interest and Foreclosure: When Unconscionable Loan Terms Void a Foreclosure Sale

A Supreme Court ruling on how excessive interest rates can invalidate a foreclosure sale, and what borrowers and lenders must know.

Appraisal Value vs. Foreclosure: Property Valuation Disputes in Mortgage Foreclosure

When can courts override government appraisals in agrarian reform? The Supreme Court clarifies just compensation rules and valuation standards.

Burden OF Proof IN Deficiency Claims Banks Duty TO Substantiate Foreclosure Amounts

Injunctions and Mortgage Foreclosure: Balancing Creditor Rights and Preventing Irreparable Harm

The Supreme Court clarifies when preliminary injunctions may stop mortgage foreclosures, emphasizing that courts must protect only rights that clearly exist.

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits

The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

Foreclosure on Agrarian Land: Landowner Rights and SAC Jurisdiction Clarified

The Supreme Court clarifies when landowners can claim just compensation and the limits of Special Agrarian Court jurisdiction over foreclosed agrarian properties.

Writ of Possession in Foreclosure: Ministerial Duty vs. Third-Party Claims

When is a writ of possession ministerial and when can third-party claims block it? The Supreme Court clarifies in Marquez v. Alindog.

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.