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Showing 1–24 of 56 articles for “mortgage foreclosure”

Deficiency Claims After Mortgage Foreclosure: The Prieto v. BPI Ruling

Learn how the Supreme Court's Prieto v. BPI ruling protects borrowers from unproven deficiency claims after mortgage foreclosure in the Philippines.

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.

Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions

Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.

Preliminary Injunctions in Mortgage Foreclosure Cases: What Philippine Courts Require

Learn the requirements for preliminary injunctions in mortgage foreclosure cases under Philippine law, explained in plain language for property owners and litigants.

Mortgage Foreclosure and Prescription in the Philippines: Key Lessons from a Landmark Case

Learn how prescription periods affect mortgage foreclosure in the Philippines, based on the Supreme Court's ruling in Active Wood Products v. State Investment House.

Writ of Possession After Foreclosure: Third-Party Claims in Philippine Mortgage Sales

Philippine Supreme Court ruling on writ of possession in mortgage foreclosures, explaining when third-party adverse claims can block eviction.

Mortgage Foreclosure and Third-Party Property: UCPB's Duty to Protect Borrower Interests

When a bank forecloses property mortgaged by a third party without the owner's consent, the Supreme Court protects the true owner's rights.

Mortgage Foreclosure: When Does the Right to Foreclose Prescribe?

Philippine Supreme Court clarifies when the prescriptive period for mortgage foreclosure begins, emphasizing the need to allege maturity dates and demand.

Mortgage Foreclosure Upholding Contractual Notice AND Loan Coverage Requirements

Supreme Court ruling on forged SPA in mortgage foreclosure, requiring lenders to verify authority and giving borrowers protection.

Demand Is Key: Prescription in Unlawful Detainer and Mortgage Foreclosure Contexts

When does the one-year period to file unlawful detainer start? The Supreme Court clarifies the rule on demand and prescription.

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.

Possession Rights After Mortgage Foreclosure: Third Party Claims in the Philippines

When can third parties stop a writ of possession after extrajudicial foreclosure? The Supreme Court clarifies the rules on adverse possession.

Mortgage Foreclosure Absence of Special Power to Sell Invalidates Extrajudicial Proceedings

Philippine Supreme Court rules that extrajudicial foreclosure requires a special power to sell inserted in or attached to the mortgage deed, otherwise the proceedings are void.

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.

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.

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.

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.

Mortgage Foreclosure: Clarifying Rights and Procedures in Disputed Property Cases

Learn how the Supreme Court clarified extrajudicial foreclosure rules, writ of possession, and procedural requirements in disputed mortgage cases.

Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure

A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis

Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.

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.

Loss of Redemption Rights: Inheriting Property After Mortgage Foreclosure in the Philippines

When a mortgaged property is foreclosed and not redeemed, heirs lose inheritance rights. The Supreme Court explains why.

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.