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Showing 1–24 of 25 articles for “chattel mortgage”

Concealment of Vehicle Documents as Estafa: Protecting Creditor Rights in Chattel Mortgages

The Supreme Court rules that concealing a vehicle's OR-CR can constitute estafa, protecting creditors' rights in chattel mortgages.

Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines

Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.

Decoding Loan Payments: How Courts Apply Payments to Interest vs Principal in Philippine Law

Philippine Supreme Court clarifies how loan payments are applied to interest before principal, and when chattel mortgages cover future loans.

Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements

When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.

Distinguishing Financial Leases From Loans Secured by Chattel Mortgage in the Philippines

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

Chattel Mortgage Foreclosure: Attaching Creditors, Notice, and the Equity of Redemption

When a chattel mortgage is foreclosed, who must receive notice of the sale? The Supreme Court clarifies the rights of attaching creditors.

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.

Choosing Foreclosure Vendor Cant Demand Unpaid Balance After Seizing Property

Philippine Supreme Court ruling: a vendor who forecloses a chattel mortgage cannot also sue for the unpaid balance. Article 1484 explained.

Loan Agreements and Chattel Mortgages: When Can a Signed Contract Be Challenged

A signed loan document isn't always binding. Learn when Philippine courts allow borrowers to challenge promissory notes and chattel mortgages.

Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?

Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.

Chattel Mortgage vs Installment Sales: Creditor Remedies in the Philippines

Philippine Supreme Court clarifies when a creditor may collect the unpaid balance after repossessing a vehicle under a chattel mortgage.

Mortgaged Chattels: Valid Seizure and Foreclosure Compliance in Philippine Law

Philippine Supreme Court clarifies rules on chattel mortgage seizure, foreclosure, and the limits of appellate review in Samala v. Court of Appeals.

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.

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.

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.

Default and Damages: Clarifying Rights in Chattel Mortgage Disputes

Philippine Supreme Court clarifies default rules, damages, and replevin in chattel mortgage disputes—key lessons for creditors and borrowers.

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.

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.

Repossession Expenses and Chattel Mortgage Foreclosure: Understanding Mortgagor Liabilities

When foreclosure becomes a fait accompli, can a mortgagor still sue for damages? The Supreme Court clarifies the rule.

Chattel Mortgage and Future Debts: What Philippine Law Allows

Can a chattel mortgage secure debts incurred after its execution? The Supreme Court explains the limits under the Chattel Mortgage Law.

Chattel Mortgage Coverage of Future Loans: The Acme Shoe Ruling

Philippine Supreme Court explains when a chattel mortgage can cover future loans and why full payment extinguishes the security.

Recto Law Explained: Deficiency Claims After Chattel Mortgage Foreclosure

Understand Article 1484 (Recto Law) and when sellers can still recover attorney's fees after foreclosing on installment-sold personal property.

Replevin Actions and Chattel Mortgagees: When the Mortgagor Must Be Impleaded

Philippine Supreme Court clarifies when a chattel mortgagee must implead the mortgagor in a replevin action to foreclose on a vehicle.

When Mortgagees May Renew Insurance on Chattel Mortgages: Servicewide Specialists v. Trinidad

Philippine Supreme Court ruling on when a mortgagee may renew insurance on a chattel and apply installment payments to premiums without notice.