Log In Create Account

Philippine Bar review · Question

Practice question: Deficiency Judgment; Recovery of Deficiency

Multiple Choice Medium

Practice question

Mara mortgages her land solely to secure Nilo’s loan. She neither borrows nor assumes personal debt liability or a guaranty. After sale, the lender seeks a personal deficiency judgment against Mara solely because she gave the mortgage. Which is correct?
  1. Every third-party mortgagor is automatically a personal borrower.
  2. Granting real security alone does not establish Mara’s personal deficiency liability.
  3. Mara automatically guarantees double the loan.
  4. Her lack of personal undertaking makes Nilo’s loan nonexistent.
  5. The lender may ignore the foreclosure proceeds.

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.

Answer this question in flashcards to review your response and continue practicing.