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Showing 1–18 of 18 articles for “mortgage disputes”

Foreclosure Rights Understanding Redemption Periods AND Legal Remedies IN Mortgage Disputes

Philippine Supreme Court clarifies when Act No. 3135 applies in mortgage foreclosures and why borrowers must act within the redemption period.

Forum Shopping and Jurisdictional Challenges in Real Estate Mortgage Disputes

Learn how filing separate cases on mortgage validity and foreclosure can constitute forum shopping, and why the HLURB has exclusive jurisdiction.

Bank Liquidation Jurisdiction and Claims Against Insolvent Banks in the Philippines

When a bank enters liquidation, all claims against it—including mortgage disputes—must be filed with the liquidation court, not regular courts.

Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes

When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.

Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes

Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.

Untangling Mortgage Disputes: Good Faith, Due Diligence, and Finality of Judgments

A Supreme Court ruling on mortgage disputes, good faith, and why final and executory judgments bind all parties.

Good Faith vs Actual Knowledge: Resolving Land Disputes in the Philippines

Philippine Supreme Court ruling on finality of judgments, petitions for relief, and banks' duty of diligence in land mortgage disputes.

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.

When Courts Can Stop a Foreclosure: Preliminary Injunctions in Mortgage Disputes

The Supreme Court explains when a court may issue a preliminary injunction to stop a bank's extrajudicial foreclosure pending trial.

The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes

The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.

Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina

Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.

Forum Shopping in Mortgage Disputes: When Causes of Action Differ

Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.

DUE Process AND Foreclosure Understanding Rights IN Mortgage Disputes

Writ of Possession Is Ministerial Duty Despite Pending Mortgage Disputes

Philippine Supreme Court ruling on why courts must issue writs of possession in foreclosure sales even when the mortgage validity is being challenged.

Forum Shopping and Foreclosure: Navigating Jurisdictional Boundaries in Mortgage Disputes

When properties in different provinces are foreclosed, filing separate suits to stop each sale is not forum shopping. The Supreme Court explains why.

Intervention Denied: Maritime Liens, Forum Shopping in Ship Mortgage Disputes

Supreme Court clarifies when mortgagees may intervene in crew wage claims and warns against forum shopping in vessel foreclosure cases.

Jurisdictional Boundaries When Courts Collide in Mortgage Disputes

The Supreme Court clarifies that factual questions in foreclosure cases are beyond its review, and explains the remedy of consignation.

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.