Philippine Bar review · Question

Practice question: Enforcement of Security Interest

Multiple Choice Hard

Practice question

Two creditors have security interests in the same collateral. A lower-ranking creditor has begun enforcement but has not sold, disposed of or retained it, and no agreement for such action has concluded. A higher-ranking creditor invokes Section 46. Which is correct?
  1. The higher-ranking secured creditor may take over enforcement within the statutory time limits
  2. Starting first always defeats priority
  3. Every competing secured interest vanishes
  4. Only the lower-ranking creditor may act forever
  5. Priority can never affect enforcement

Legal references

  • RA 11057, Section 46: https://lawphil.net/statutes/repacts/ra2018/ra_11057_2018.html

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