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Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Hard

Practice question

A creditor wins the valid foreclosure auction through a bid credited against the debt. The credit is properly established. In seeking a deficiency, the creditor proposes to disregard that credit because no physical cash passed from its own account. Which is correct?
  1. The valid applicable bid credit must be reflected rather than collecting that portion twice
  2. No cash movement means the full original debt always remains
  3. Every creditor bid is a donation to the borrower
  4. The bid automatically extinguishes every unrelated debt
  5. The creditor may count the bid as zero at its sole choice

Legal references

  • Rules of Court: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule68 Sections4–6.
  • Spouses Prieto v BPI GR259282 August30,2023 MAIN: https://lawphil.net/judjuris/juri2023/aug2023/gr_259282_2023.html Proved balance and application of sale proceeds.

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