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Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Easy

Practice question

How is a deficiency judgment ordinarily sought in a judicial foreclosure under Rule 68 section 6?
  1. Only by a criminal complaint.
  2. Only by an oral demand to the auctioneer with no court action.
  3. By automatic creditor ownership of unrelated assets.
  4. By motion in the foreclosure action against a defendant shown by the record to be personally liable.
  5. By cancelling every previous payment.

Legal references

  • https://www.lawphil.net/courts/rules/rc_1-71_civil.html — Rules of Court, Rule 68 section 6: deficiency and personal liability.
  • https://lawphil.net/judjuris/juri2023/aug2023/gr_259282_2023.html — Spouses Prieto v BPI, GR 259282, August 30 2023, main opinion: proof of obligation and foreclosure proceeds.
  • https://www.lawphil.net/judjuris/juri2021/apr2021/gr_203194_2021.html — Asset Pool A v Spouses Berris, GR 203194, April 26 2021, main opinion: deficiency after termination of foreclosure; no splitting of cause of action.
  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, article2085: third-party real security.

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