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Showing 1–24 of 28 articles for “mortgage validity”

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

Understanding Property Disputes: The Impact of Bad Faith Construction on Land Ownership Rights

Learn how the Supreme Court ruled on bad faith claims in property disputes, mortgage validity, and foreclosure rights under Philippine law.

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.

Mortgage Validity and Damage Claims: Lessons from a Landmark Philippine Supreme Court Case

Learn how the Supreme Court ruled on mortgage validity despite notarization flaws and when damages are improperly awarded.

Spousal Consent and Mortgage Validity: Protecting Conjugal Property Rights in the Philippines

A spouse cannot mortgage conjugal property without the other's written consent. The Supreme Court explains the consequences in Boston Equity v. Del Rosario.

Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged

Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.

Protecting Subdivision Open Spaces: HLURB Jurisdiction and Mortgage Validity

Supreme Court rules subdivision open spaces cannot be mortgaged or foreclosed, and HLURB has jurisdiction over such disputes.

Mortgage Validity: Restrictions on Property Rights vs Contractual Obligations

Supreme Court rules on whether NHA restrictions on a titled property invalidate a mortgage, and when borrowers can escape contractual obligations.

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Upholding Real Estate Mortgage Validity Forgery Claims AND DUE Diligence IN Banking Transactions

Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity

Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.

Mortgage Validity Upholding Security Interests Amid Corporate Disputes in Metrobank vs Centro Development Corp

Supreme Court clarifies when a mortgage over corporate assets is valid, and when foreclosure exceeds the secured amount.

Loan Contract Perfection and Mortgage Validity: Insights from Palada v. Solidbank

When is a loan contract perfected, and what makes a real estate mortgage valid? The Supreme Court clarifies in Palada v. Solidbank.

Mortgage Validity, Good Faith, and Due Diligence in Property Transactions

Philippine Supreme Court ruling on mortgage validity, good faith, and the due diligence required of banks before accepting property as collateral.

Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings

Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.

Foreclosure Rights Upholding Mortgage Validity Despite Claims OF Duress

Mortgage Validity and Writ of Possession: Upholding Contracts Absent Vitiated Consent

Philippine Supreme Court ruling on writ of possession in foreclosure, contract validity, and consolidation of cases explained in plain language.

Mortgage Validity and Foreclosure: Protecting Property Rights Under Philippine Law

The Supreme Court clarifies when a mortgage is void, how redemption periods work, and why prior judgments bind parties in foreclosure disputes.

Mortgage Validity Securing Loans VS Covering Unsubstantiated Debts

Mortgage Validity Good Faith Requirement When Dealing With Agents

Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained

Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.

Dividing Assets After Annulment: Mortgage Validity and Property Rights in the Philippines

Philippine Supreme Court ruling on conjugal property division after annulment, mortgage validity, and the effect of compromise agreements on asset distribution.

Spousal Consent and Mortgage Validity: Protecting Marital Property Rights

Learn how spousal consent protects marital property from fraudulent transfers, based on a Philippine Supreme Court ruling on void titles.

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.